IP Legislation 2006
Regulations implementing the EU directive on Enforcement of Intellectual Property Rights
On Friday 7th July 2006, Mr. Michael Ahern, Minister for Trade and Commerce announced the signing of Regulations transposing into Irish Law EU Directive 2004/48/EC on the enforcement of Intellectual Property Rights. The Regulations, entitled the European Communities (Enforcement of Intellectual Property Rights) Regulations 2006 S.I. No. 306 of 2006 came into effect on 5th July 2006.
These Regulations apply in respect of civil proceedings concerning an infringement of an Intellectual Property right. The main relief measures provided for in the Regulations are :
The right of a claimant to apply to the court for an order that information regarding the origin and distribution networks of goods or services which infringe an intellectual property right shall be disclosed to the claimant from persons involved.
The ability of the claimant to apply to the court for an order to have goods recalled or destroyed at the defendant’s expense.
The right of the claimant to request a court to order appropriate measures for the publication and dissemination of the judgment if it is found that an intellectual property right has been infringed.
It is also important to note that the regulations provide for the amendment of the Copyright and Related Rights Act 2000. Section 34 is amended by inserting a provision for the admissibility into evidence of a presumption of ownership of a work made available to the public where copies of that work “bear or incorporate a statement, label or other mark that the named person is the owner of the right in the work”. Similarly section 211 is amended by inserting the following: “In civil proceedings under this Part, where copies of a recording of the performance as issued to the public bear a statement that a named person was the performer, the statement shall be admissible as evidence of the fact and shall be presumed to be correct, unless the contrary is proved”.
The regulations give effect to Articles 5, 8, 10, and 15 of Council Directive No. 2004/48/EC. The Regulations invoke the mandatory aspects of the Directive in Irish Law. Any non-mandatory provisions of the directive will be considered in the context of the IP (Miscellaneous Provisions) Bill to be published later this year.