Copyright and Other Intellectual Property Law Provisions Act 2019

Cited as:IR No. 19/2019
Jurisdiction:Ireland


Copyright and Other Intellectual Property Law Provisions Act 2019

2019 19

An Act to amend the Copyright and Related Rights Act 2000 to take account of certain recommendations for amendments to that Act contained in the Report of the Copyright Review Committee entitled “Modernising Copyright” published by that Committee in October 2013 and also to take account of certain exceptions to copyright permitted by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 20011 OJ No. L 167, 22. 6.2001, p.10 on the harmonisation of certain aspects of copyright and related rights in the information society; to make certain other amendments to that Act, including amendments in relation to references in that Act to education and fines; to make consequential amendments to The Courts of Justice Act 1924, the Courts (Supplemental Provisions) Act 1961, the Patents Act 1992, the Trade Marks Act 1996 and the Industrial Designs Act 2001; to make a certain amendment to the Patents Act 1992; to make amendments to the Patents Act 1992 and the Trade Marks Act 1996 in relation to references in those Acts to courts and fines; and to provide for related matters.

[26 June 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, collective citations and commencement

1 Short title, collective citations and commencement

(1) This Act may be cited as the Copyright and Other Intellectual Property Law Provisions Act 2019.

(2) The Courts of Justice Acts 1924 to 2014 and section 40 may be cited together as the Courts of Justice Acts 1924 to 2019.

(3) The Courts (Supplemental Provisions) Acts 1961 to 2015 and section 41 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2019.

(4) The Patents Acts 1992 to 2017, section 42, Part 3 and Schedule 3 may be cited together as the Patents Acts 1992 to 2019.

(5) The Copyright and Related Rights Acts 2000 and 2007, Part 2 and Schedules 1 and 2 may be cited together as the Copyright and Related Rights Acts 2000 to 2019.

(6) Subject to subsection (7), this Act shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

(7) Sections 2(1), 9 and 21 shall come into operation on the date that is 6 months from the passing of this Act.

S-2 Repeals

2 Repeals

(1) Sections 31A and 78B of the Copyright and Related Rights Act 2000 are repealed.

(2) Section 96 of the Trade Marks Act 1996 is repealed.

2 Amendment of Copyright and Related Rights Act 2000

PART 2

Amendment of Copyright and Related Rights Act 2000

CHAPTER 1

Definition

CHAPTER 1

Definition

CHAPTER 1

Definition

S-3 Definition

3 Definition

Definition

3. In this Part and Schedules 1 and 2, “Principal Act” means the Copyright and Related Rights Act 2000.

CHAPTER 2

Court access for intellectual property claims, copyright exceptions and digital deposit of copyright works, etc.

S-4 Amendment of section 2 of Principal Act

4 Amendment of section 2 of Principal Act

4. Section 2 of the Principal Act is amended in subsection (1)—

(a) by the substitution of the following definition for the definition of “broadcast”:

“ ‘broadcast’ means an electronic transmission of sounds, images or data, or any combination or representation thereof, for direct public reception or for presentation to members of the public;”,

(b) by the substitution of the following definition for the definition of “Controller”:

“ ‘Controller’ means the Controller of Intellectual Property;”,

(c) by the substitution of the following definition for the definition of “disability”:

“ ‘disability’ has the meaning assigned to it in section 2 of the Disability Act 2005;”,

(d) in the definition of “educational establishment”—

(i) in paragraph (b), by the substitution of “applies,” for “applies, and”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(ba) any relevant provider within the meaning of section 2 of the Qualifications and Quality Assurance (Education and Training) Act 2012, and”,

and

(e) by the insertion of the following definitions:

“ ‘education’ means instruction, lectures, study, research, teaching or training either in an educational establishment or by any person acting under the authority of an educational establishment, and includes all activities necessary or expedient or ancillary to such a programme, and ‘educational purposes’ shall be construed accordingly;

‘electronic transmission’ means a specified transmission through the Internet, a transmission by wireless means and a transmission prescribed for the purposes of this definition, but does not include—

(a) a transmission by means of MMDS, or

(b) a digital terrestrial retransmission;

‘excluded data information’, means—

(a) a computer program (whether in whole or in part), or

(b) a program source code of a website;

‘intellectual property claim’ means—

(a) any proceedings instituted, application or reference made, or appeal lodged, under the Patents Act 1992 other than an application under section 47, 49, 50, 51, 52, 53, 54, 57, 59, 74, 86, 91, 96, 108, 123 or 124 of that Act,

(b) any proceedings instituted, application or reference made, or appeal lodged, under the Trade Marks Act 1996 other than an application under section 25, 51, 52, 57, 65, 67, 72, 77, 78, 79, 85(5), 88 or 97 of that Act, or under paragraph 14(3) of the Second Schedule to that Act in so far as that paragraph relates to an application under section 51 of that Act,

(c) any proceedings instituted, application or reference made, or appeal lodged, under this Act other than an application under section 133, 143, 170, 256, 257, 261, 299B, 366 or 367, or

(d) any proceedings instituted, application or reference made, or appeal lodged, under the Industrial Designs Act 2001 other than an application under section 33, 34, 35, 62, 70, 81, 84 or 86 of that Act;

‘rights identifying information’, in relation to a work, means data information (other than excluded data information) about the work, including digital data (whether or not it is incorporated within the work or is otherwise associated with it) that provides information about—

(a) the authorship, condition, content, context, origin, ownership, provenance, quality or structure of the work,

(b) rights pertaining to or associated with the work, or

(c) matters similar to any matter which falls within paragraph (a) or (b);

‘specified transmission through the Internet’ means—

(a) a transmission taking place simultaneously through the Internet and by other means,

(b) a concurrent transmission of a live event, or

(c) a transmission of recorded moving images or sounds, or both, forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person;”.

S-5 Provisions supplementary to definition of “broadcast”

5 Provisions supplementary to definition of “broadcast”

5. The Principal Act is amended by the insertion of the following section after section 2:

“2A. The definition of ‘broadcast’ shall not be construed to prejudice the exclusive right under this Act of a person to make a work available by means of a broadcast of the work.”.

S-6 Amendment of Principal Act - insertion of sections 16A and 16B

6 Amendment of Principal Act - insertion of sections 16A and 16B

6. The Principal Act is amended in Part 1, by the insertion of the following sections after section 16:

“Circuit Court

16A. The Circuit Court shall have jurisdiction to hear and determine intellectual property claims.

District Court

16B. (1) The District Court shall have jurisdiction to hear and determine intellectual property claims.

(2) The District Court in which such a claim shall be heard is the District Court Area in which the defendant concerned ordinarily resides or carries on any business, trade or profession.”.

S-7 Amendment of section 21 of Principal Act

7 Amendment of section 21 of Principal Act

7. Section 21 of the Principal Act is amended in paragraph (b), by the insertion of “(including the soundtrack accompanying the film)” after “film”.

S-8 Amendment of section 24 of Principal Act

8 Amendment of section 24 of Principal Act

8. Section 24 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) The copyright in a literary, dramatic, musical or artistic work, or an original database, shall expire 70 years after the death of the author irrespective of—

(a) the date (if any) on which the work is first lawfully made available to the public, or

(b) whether the work is ever lawfully made available to the public.”.

S-9 Transitional provisions for section 31A

9 Transitional provisions for section 31A

9. The Principal Act is amended by the insertion of the following section after section 31A:

“31B. (1) An act to which subsection (2) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if—

(a) that act is done pursuant to a contract entered into before the relevant date, and

(b) that act, if it were done immediately before the relevant date, would not, by virtue of section 31A, have been such an infringement.

(2) An act to which this subsection applies is any of the following acts done, in relation to a design referred to in subsection (1), during the 6 months period immediately following and including the relevant date:

(a) the copying of the design;

(b) the provision of means for making a copy of the design;

(c) the importation into the State of a copy of the design.

(3) An act to which subsection (4) applies is not an infringement of the copyright in a design registered under the Industrial Designs Act 2001 if that act, if it were done on the day immediately before the relevant date, would not, by...

To continue reading

Request your trial