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Irish Government to amend Irish copyright law following November 2010 file sharing ruling?

PRACTICE AREA GROUP: Intellectual Property
DATE: 24.02.2011

On 24 February 2011 the Irish Times reported that the outgoing Irish Government is considering introducing changes to the Irish Copyright and Related Rights Act 2000 following the Irish High Court decision of November 2010 that it had no power to order injunctive relief either requiring ISPs to implement measures to prevent illegal file sharing or to block subscriber access to particular websites. According to the Irish Times report the Department of Enterprise, Trade & Innovation have confirmed that in the wake of this decision, the advice of the Irish Attorney General has been sought, and that it might be necessary to introduce measures which will clarify Ireland’s position under the European Copyright Directive (2001/29/EC) in relation to injunctions.

The Irish people go to the polls on 25 February 2011 and the current Irish Government’s term of office finishes on 9 March 2011. It would be possible for a Statutory Instrument amending the copyright legislation to be brought into effect before it leaves power.

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