LegalizeCOPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAW PROVISIONS ACT 2019
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
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 2001 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
82. (1) The provision of the Act of 1992 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
- (2) In subsection (1), a reference to a column is a reference to the column of the Table set out in Schedule 3.
PART 4 Amendment of Trade Marks Act 1996 in relation to Courts and Fines
Chapter 1 Definition
83. Definition
Definition
83. In this Part and Schedule 4, “Act of 1996” means the Trade Marks Act 1996.
Chapter 2 Miscellaneous amendments of Act of 1996 in relation to courts
84. Amendment of section 2 of Act of 1996
84. Section 2 of the Act of 1996 is amended in subsection (1)—
- (a) by the deletion of the definition of “the Court”,
- (b) in the definition of “prescribed”, by the substitution of “the appropriate court” for “the Court”, and
- (c) by the insertion of the following definition:
“ ‘appropriate court’ means—
(a) the District Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the District Court for actions in contract or tort,
(b) the Circuit Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the Circuit Court for actions in contract or tort, and
(c) in any other case, the High Court;”.
85. Amendment of section 19 of Act of 1996
85. Section 19 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of “appropriate court” for “Court” in each place that it occurs.
86. Amendment of section 20 of Act of 1996
86. Section 20 of the Act of 1996 is amended in subsections (1), (2) and (4) by the substitution of “appropriate court” for “Court” in each place that it occurs.
87. Amendment of section 23 of Act of 1996
87. Section 23 of the Act of 1996 is amended—
- (a) in subsections (1) and (2) by the substitution of “appropriate court” for “Court” in each place it occurs,
- (b) in subsection (3) by the substitution of “the appropriate court” for “the Court”, and
- (c) in subsections (4) and (5) by the substitution of “appropriate court” for “Court”.
88. Amendment of section 24 of Act of 1996
88. Section 24 of the Act of 1996 is amended in subsection (1) by the substitution of “appropriate court” for “Court”.
89. Amendment of section 29 of Act of 1996
89. Section 29 of the Act of 1996 is amended—
- (a) in subsection (2)(e) by the substitution of “the appropriate court” for “a court”, and
- (b) in subsection (4) by the substitution of “appropriate court” for “Court” in each place that it occurs.
90. Amendment of section 34 of Act of 1996
90. Section 34 of the Act of 1996 is amended in subsections (4) and (6) by the substitution of “appropriate court” for “Court” in each place that it occurs.
91. Amendment of section 36 of Act of 1996
91. Section 36 of the Act of 1996 is amended in subsections (1), (3)(a) and (c), (4) and (5) by the substitution of “appropriate court” for “Court” in each place that it occurs.
92. Amendment of section 51 of Act of 1996
92. Section 51 of the Act of 1996 is amended in subsections (4) and (6)(b) by the substitution of “High Court” for “Court” in each place that it occurs.
93. Amendment of section 52 of Act of 1996
93. Section 52 of the Act of 1996 is amended in subsections (3) and (4) by the substitution of “High Court” for “Court” in each place that it occurs.
94. Amendment of section 57 of Act of 1996
94. Section 57 of the Act of 1996 is amended in subsection (2)(d) by the substitution of “courts” for “Courts”.
95. Amendment of section 65 of Act of 1996
95. Section 65 of the Act of 1996 is amended in subsection (4) by the substitution of “High Court” for “Court”.
96. Amendment of section 67 of Act of 1996
96. Section 67 of the Act of 1996 is amended in subsections (2) and (3) by the substitution of “High Court” for “Court” in each place that it occurs.
97. Amendment of section 72 of Act of 1996
97. Section 72 of the Act of 1996 is amended in subsections (1), (2) and (3) by the substitution of “High Court” for “Court” in each place that it occurs.
98. Amendment of section 77 of Act of 1996
98. Section 77 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court” in each place that it occurs.
99. Amendment of section 78 of Act of 1996
99. Section 78 of the Act of 1996 is amended in subsections (1) and (2) by the substitution of “High Court” for “Court” in each place that it occurs.
100. Amendment of section 79 of Act of 1996
100. Section 79 of the Act of 1996 is amended in subsections (1)(a), (2)(a) and (b) and (3) by the substitution of “the High Court” for “the Court” in each place that it occurs.
101. Amendment of section 80 of Act of 1996
101. Section 80 of the Act of 1996 is amended by the substitution of “any court” for “Courts”.
102. Amendment of section 85 of Act of 1996
102. Section 85 of the Act of 1996 is amended—
- (a) in subsection (5) by the substitution of “High Court” for “Court” in each place that it occurs, and
- (b) in subsection (8)(b) by the substitution of “appropriate court” for “Court”.
103. Amendment of section 88 of Act of 1996
103. Section 88 of the Act of 1996 is amended—
- (a) in subsections (3), (4) and (5) by the substitution of “High Court” for “Court” in each place that it occurs, and
- (b) in subsection (6)—
- (i) by the substitution of “decision of the High Court” for “decision of the Court”, and
- (ii) by the substitution of “leave of the High Court” for “leave of the Court”.
104. Amendment of section 97 of Act of 1996
104. Section 97 of the Act of 1996 is amended in subsection (3) by the substitution of “High Court” for “Court”.
105. Amendment of First Schedule to Act of 1996
105. The First Schedule to the Act of 1996 is amended in paragraph 11(4)(a) and (6) by the substitution of “appropriate court” for “Court” in each place that it occurs.
106. Amendment of Second Schedule to Act of 1996
106. The Second Schedule to the Act of 1996 is amended—
- (a) in paragraph 13(4)(a) and (6) by the substitution of “appropriate court” for “Court” in each place that it occurs, and
- (b) in paragraph 14(3) by the substitution of “High Court” for “Court”.
Chapter 3 Miscellaneous amendments of Act of 1996 in relation to fines
107. Miscellaneous amendments of Act of 1996 in relation to fines
Miscellaneous amendments of Act of 1996 in relation to fines
107. (1) The provision of the Act of 1996 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
- (2) In subsection (1), a reference to a column is a reference to the column of the Table set out in Schedule 4.
PART 5 Digital Legal Deposit Scheme
108. Digital legal deposit scheme
108. Within twelve months of the enactment of this Act the Government shall bring forward a report on the feasibility of establishing a digital legal deposit scheme to serve as a web archive for .ie domain contents and advise on steps taken towards that goal.
SCHEDULE 1 Miscellaneous Amendments of Principal Act in Relation to Education
Section 45
Table
| Reference No. (1) | Provision of Principal Act (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | section 53(1) | instruction or of preparation for instruction | education or of preparation for education |
| 2 | section 53(2)(a) | instruction | education |
| 3 | section 53(3) | instruction or of preparation for instruction | education or of preparation for education |
| 4 | section 53(4)(a) | instruction | education |
| 5 | section 55(1)(b) | instruction | education |
| 6 | section 55(2) | instruction | education |
| 7 | section 61(2) | research | education, research |
| 8 | section 62(2) | research | education, research |
| 9 | section 63(2)(b) | instructions | education |
| 10 | section 67(3) | research | education, research |
| 11 | section 92(3)(a) | research | education, research |
| 12 | section 168(1) | instruction | education |
| 13 | section 171(1) | instruction | education |
| 14 | section 172(1) | instruction | education |
| 15 | section 223(1) | instruction or preparation for instruction where the copying is done by or on behalf of a person giving or receiving instruction | education or of preparation for education where the copying is done by or on behalf of a person giving or receiving education |
| 16 | section 224(1)(b) | instruction | education |
| 17 | section 229(2) | research | education, research |
| 18 | section 230(2)(b) | instructions | education |
| 19 | section 234(3) | research | education, research |
| 20 | section 245(3)(a) | research | education, research |
| 21 | section 329(1) | research | education, research |
| 22 | section 330(1) | instruction or of preparation for instruction | education or of preparation for education |
| 23 | section 330(1)(a) | instruction | education |
SCHEDULE 2 Miscellaneous Amendments of Principal Act in relation to Fines
Section 46
| Reference No. (1) | Provision of Principal Act (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | section 14(5) | fine not exceeding £1,500 | class C fine |
| 2 | section 140(7)(a) | fine not exceeding £1,500 | class C fine |
| 3 | section 140(7)(b) | £100,000 | €130,000 |
| 4 | section 140(8)(a) | fine not exceeding £1,500 | class C fine |
| 5 | section 140(8)(b) | £100,000 | €130,000 |
| 6 | section 141 | £100,000 | €130,000 |
| 7 | section 143(3) | fine not exceeding £1,500 | class C fine |
| 8 | section 181(3)(a) | fine not exceeding £1,500 | class C fine |
| 9 | section 181(3)(b) | £100,000 | €130,000 |
| 10 | section 198(9) | fine not exceeding £500 | class D fine |
| 11 | section 258(6)(a) | fine not exceeding £1,500 | class C fine |
| 12 | section 258(6)(b) | £100,000 | €130,000 |
| 13 | section 258(7)(a) | fine not exceeding £1,500 | class C fine |
| 14 | section 258(7)(b) | £100,000 | €130,000 |
| 15 | section 259 | £100,000 | €130,000 |
| 16 | section 261(3) | fine not exceeding £1,500 | class C fine |
| 17 | section 262(2) | fine not exceeding £1,500 | class C fine |
| 18 | section 286(3)(a) | fine not exceeding £1,500 | class C fine |
| 19 | section 286(3)(b) | £100,000 | €130,000 |
| 20 | section 361(3)(a) | fine not exceeding £1,500 | class C fine |
| 21 | section 361(3)(b) | £100,000 | €130,000 |
| 22 | section 371 | fine not exceeding £1,500 | class C fine |
| 23 | section 376(2)(a) | fine not exceeding £1,500 | class C fine |
| 24 | section 376(2)(b) | £100,000 | €130,000 |
SCHEDULE 3 Miscellaneous Amendments of Act of 1992 in relation to Fines
Section 82
| Reference No. (1) | Provision of Act of 1992 (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | section 92(6) | fine not exceeding £1,000 | class C fine |
| 2 | section 106(5) | fine not exceeding £500 | class D fine |
| 3 | section 106(5) | £1,000 | a class C fine |
| 4 | section 111 | fine not exceeding £1,000 | class C fine |
| 5 | section 112(1) | fine not exceeding £1,000 | class C fine |
| 6 | section 113 | fine not exceeding £500 | class D fine |
| 7 | section 125(4) | fine not exceeding £500 | class D fine |
| 8 | section 125(4) | £1,000 | a class C fine |
SCHEDULE 4 Miscellaneous Amendments of Act of 1996 in relation to Fines
SCHEDULE 4
Section 107
| Reference No. (1) | Provision of Act of 1996 (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | section 85(6) | fine not exceeding £500 | class D fine |
| 2 | section 85(6) | £1,000 | a class C fine |
| 3 | section 92(4)(a) | fine not exceeding £1,000 | class C fine |
| 4 | section 92(4)(b) | £100,000 | €130,000 |
| 5 | section 93(3)(a) | fine not exceeding £1,000 | class C fine |
| 6 | section 93(3)(b) | £200,000 | €255,000 |
| 7 | section 94(3) | fine not exceeding £1,000 | class C fine |
| 8 | section 94(3) | further fine not exceeding £100 | class E fine |
| 9 | section 97(2) | fine not exceeding £1,000 | class C fine |
| 10 | section 97(2) | further fine not exceeding £100 | class E fine |
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