CONTINUEThis site uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Find out more.
  1. Front Page
  2. News By Topic
  3. Copyright Owners Able To Get Injunctions In Ireland

Copyright Owners Able To Get Injunctions In Ireland

by Jason Gorringe, Tax-News.com, London

26 December 2011


Copyright owners will be able to secure injunctions against infringers in certain circumstances under a new Irish law.

Legislation is to be introduced by the government in response to the High Court Judgment in the case of EMI and Others vs UPC. In the judgement, Justice Charleton held that he was constrained by the wording of the Copyright and Related Rights Act 2000.

He could therefore not grant an injunction to prevent infringement of copyright against an information service provider in the context of a transient communication. Charleton concluded that Ireland had not fully transposed the relevant EU Directive(s) on the matter.

Reacting to the decision, the Minister for Research and Innovation, Sean Sherlock, said the government was proposing legislation "to redress the situation highlighted by Justice Charleton, by providing for injunctions for copyright owners against intermediaries whose services are used to infringe their copyright."

In granting such injunctions, a court will have to take account judgements made by the Court of Justice of the European Union. They require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality.

That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and the right of freedom of expression and information.

Sherlock said he hopes the legislation will be introduced by the middle of January, 2012.

TAGS: individuals | court | business | Ireland | law | copyright | legislation

To see today's news, click here.

 















Tax-News Reviews

Cyprus Review

A review and forecast of Cyprus's international business, legal and investment climate.

Visit Cyprus Review »

Malta Review

A review and forecast of Malta's international business, legal and investment climate.

Visit Malta Review »

Jersey Review

A review and forecast of Jersey's international business, legal and investment climate.

Visit Jersey Review »

Budget Review

A review of the latest budget news and government financial statements from around the world.

Visit Budget Review »



Stay Updated

Please enter your email address to join the Tax-News.com mailing list. View previous newsletters.

By subscribing to our newsletter service, you agree to our Terms and Conditions and Privacy Policy.


To manage your mailing list preferences, please click here »