2nd December 2019
The Minister for Business, Enterprise and Innovation, Heather Humphreys TD, has signed the Commencement Order that will bring the Copyright and Other Intellectual Property Law Provisions Act 2019 into operation from Monday, 2 December 2019.
The purpose of the Act is to modernise the copyright regime in Ireland by making better provision for copyright and other intellectual property (IP) protection in the digital era and to enable rightholders to better enforce their IP rights in the courts. The Act makes a number of changes including:
- renaming the “Patents Office” to the “Intellectual Property Office of Ireland”. This amendment better reflects the role of “the Office”, which is in line with the more standardised naming convention for such offices across the EU;
- allowing owners of intellectual property to pursue lower value IP infringement claims in the District and Circuit Courts which may result in a reduction in litigation costs;
- making it easier for researchers to use text and data mining tools by expanding the current exception.
Welcoming the commencement of the Copyright and Other Intellectual Property Law Provisions Act 2019, Minister Humphreys said:“This important piece of legislation marks the conclusion of a process of modernising copyright legislation, which was initiated in 2011.”
Minister Halligan added that “as Minister with responsibility for Ireland's intellectual property regulatory regime I was happy to play an integral part in bringing this legislation through the Houses of the Oireachtas. The Minister further added that “the provisions contained in the Act will be of particular interest to those engaged in scientific and other research, those involved in education and training and will enhance Ireland’s reputation for the protection of intellectual property.”
The Copyright and Other Intellectual Property Law Provisions Act 2019 was signed into law by the President on 26 June 2019 and is available on the Irish Statute Book (www.irishstatutebook.ie).
The Copyright and Other Intellectual Property Law Provisions Act 2019 (Commencement) Order 2019 will be made available on www.dbei.gov.ie in the coming days.
Notes for Editors:
The Minister signed the Commencement Order for the Copyright and Other Intellectual Property Law Provisions Act 2019 (No. 19 of 2019) on 26 November 2019.
That Order (SI No 586 of 2019) sets Monday, 2 December 2019 as the date that the Act comes into operation, other than sections 2(1), 9 and 21. As provided for in Section 1(7), these sections will come into operation on the date that is 6 months from the passing of the Act (26th December 2019).
Modernising Copyright Report:
The Act is in response to a Report entitled “Modernising Copyright” published in October 2013, which was compiled by an independent Copyright Review Committee appointed in 2011. The work of the 3-person expert committee was undertaken on a pro bono basis.
The Department of Business, Enterprise and Innovation (DBEI) plays a key role in implementing the Government’s policies of stimulating the productive capacity of the economy and creating an environment which supports job creation and maintenance. The Department has lead responsibility for Irish policy on global trade and inward investment and a remit to promote fair competition in the marketplace, protect consumers and safeguard workers.
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