关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

欧洲共同体(执行知识产权)实施细则2006(2006年第S.I.360号), 爱尔兰

返回
WIPO Lex中的最新版本
详情 详情 版本年份 2006 日期 生效: 2006年7月5日 发布: 2006年7月5日 文本类型 实施规则/实施细则 主题 知识产权及相关法律的执行 The European Communities (Enforcement of Intellectual Property Rights) Regulations 2006 were issued by the Minister for Enterprise, Trade and Employment in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) to amend sections 34 and 211 of the Copyright and Related Rights Act 2000 and give effect to Articles 5, 8, 10 and 15 of Council Directive No. 2004/48/EC of the European Parliament and of the Council of 29 April 2004.

可用资料

主要文本 相关文本
主要文本 主要文本 英语 European Communities (Enforcement of Intellectual Property Rights) Regulations, 2006 (S.I. No. 360/2006)         
 European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

Statutory Instruments

S.I. No. 360 of 2006

European Communities (Enforcement of Intellectual Property Rights)

Regulations 2006

PUBLISHED BY THE STATIONERY OFFICE DUBLIN

To be purchased directly from the

GOVERNMENT PUBLICATIONS OFFICE,

SUN ALLIANCE HOUSE, MOLESWORTH STREET,

DUBLIN 2

Or by mail order from

GOVERNMENT PUBLICATIONS POSTAL TRADE SECTION,

51 ST. STEPHEN’S GREEN, DUBLIN 2

(Tel: 01 6476834/35/36/37; Fax: 016476843)

Or through any bookseller

(PRN. A6/1110) €2.54

S.I. No. 360 of 2006

European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

I MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment in exercise of the

powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of

1972) and for the purpose of giving effect to Articles 5, 8, 10 and 15 of Council Directive No.

2004/48/EC of the European Parliament and of the Council of 29 April 20041, hereby make

the following regulations:

Citation.

1. These Regulations may be cited as the European Communities (Enforcement of

Intellectual Property Rights) Regulations 2006.

Definitions, application and interpretation.

2. (1) In these Regulations:

“claimant” includes a plaintiff or applicant in a proceeding in respect of which these

Regulations apply;

“Council Directive” means Council Directive No. 2004/48/EC of the European Parliament

and of the Council of 29 April 20041;

“court” means, in relation to a proceeding, a court of competent jurisdiction for that

proceeding;

“defendant” includes a respondent in a proceeding to which these Regulations apply.

1 O.J. No. L.157, 30/04/2004, p.45.

2

(2) These Regulations apply in respect of civil proceedings concerning an

infringement of an intellectual property right.

(3) A word or expression that is used in these Regulations and in the Council

Directive has, unless the contrary intention appears, the meaning it has in the Council

Directive.

(4) A court shall construe these Regulations in a manner that gives effect to the

Council Directive, and for this purpose the court shall have regard to the provisions of that

directive, including the preambles.

Order for disclosure of information.

3. (1) A claimant may 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 by one or more of the relevant persons specified in

paragraph (5).

(2) The court may order the information to be disclosed if it considers it just and

proportionate having regard to the rights and privileges of the relevant person and others.

(3) An order under paragraph (2) may be subject to any terms or conditions that

the court considers appropriate.

(4) For the purposes of paragraph (2), the court may order the disclosure of any of

the following types of information:

(a) the names and addresses of -

3

(i) each producer, manufacturer, distributor or supplier of the

infringing goods or services,

(ii) any person who previously possessed the infringing goods, and

(iii) the intended wholesaler and retailer of the infringing goods or

services;

(b) information relating to -

(i) the quantities or amount of infringing goods or services

provided, produced, manufactured, delivered, received or

ordered, and

(ii) the price paid for the infringing goods or infringing services in

question.

(5) The relevant person is -

(a) the alleged infringer,

(b) any person who -

(i) was found in possession of the infringing goods on a

commercial scale,

(ii) was found to be using the infringing services on a commercial

scale, or

(iii) was found to be providing services on a commercial scale,

which are used in activities that infringe an intellectual property

right, or

4

(c) any person who has been identified by a person specified in

subparagraph (b) as being involved in -

(i) the production, manufacture or distribution of the infringing

goods, or

(ii) the provision of the infringing services.

(6) Nothing in this Regulation affects -

(a) any right of the claimant to receive information under any other

enactment or rule of law, and

(b) any other power of the court.

Order for recall, removal or destruction.

4. (1) If a court finds that there has been an infringement of an intellectual property

right involving goods, the claimant may apply to the court for an order under paragraph (2).

(2) If the court considers it just and proportionate having regard to -

(a) the seriousness of the infringement,

(b) all other remedies available to the claimant, and

(c) the interests of third parties,

the court may order the defendant to take appropriate measures, at the defendant’s expense, in

relation to the infringing goods or any material or implement principally used in their creation

or manufacture, including measures providing for their destruction or their recall or definitive

removal from the channels of commerce.

5

(3) An order under paragraph (2) may be subject to any terms or conditions that

the court considers appropriate.

Order for publication of judgments.

5. If a court finds that an intellectual property right has been infringed, the court may, at

the request of the claimant, order appropriate measures for the dissemination and publication

of the judgment be taken at the defendant’s expense.

Amendment of Copyright and Related Rights Act 2000.

6. The Copyright and Related Rights Act 2000 is amended -

(a) by inserting the following section after section 34:

Presumption relevant to section 34.

34A. In civil proceedings for infringement of a right conferred in

respect of a work made available to the public under section 34, where

copies of the work bear or incorporate a statement, label or other mark

that a named person is the owner of rights in the work under that

section, the statement, label or mark shall be admissible as evidence of

the fact stated or indicated and shall be presumed to be correct, unless

the contrary is proved.” , and

(b) by inserting the following section after section 211:

6

Presumption relevant to civil proceedings.

211A. In civil proceedings for infringement of the rights in a

performance 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 stated and shall be presumed to be correct, unless

the contrary is proved.”.

GIVEN under my Official Seal,

This 5th day of July, 2006.

MICHEÁL MARTIN

L.S.

Minister for Enterprise,

Trade and Employment.

EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations transpose into Irish law those aspects of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the Enforcement of Intellectual Property Rights which are not currently available under Irish law. The directive harmonises civil remedies and measures available for the enforcement of Intellectual Property Rights across the European Community.

7

其他文本 世贸组织通知首页 (3 文本) 世贸组织通知首页 (3 文本) 法语 Règlement de 2006 sur l'application des droits de propriété intellectuelle pour les Communautés européennes (S.I. n° 360/2006) 西班牙语 Reglamento de 2006 sobre la Observancia de los Derechos de Propiedad Intelectual de las Comunidades Europeas (S.I. N° 360/2006) 英语 European Communities (Enforcement of Intellectual Property Rights) Regulations, 2006 (S.I. No. 360/2006)
 European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

Statutory Instruments

S.I. No. 360 of 2006

European Communities (Enforcement of Intellectual Property Rights)

Regulations 2006

PUBLISHED BY THE STATIONERY OFFICE DUBLIN

To be purchased directly from the

GOVERNMENT PUBLICATIONS OFFICE,

SUN ALLIANCE HOUSE, MOLESWORTH STREET,

DUBLIN 2

Or by mail order from

GOVERNMENT PUBLICATIONS POSTAL TRADE SECTION,

51 ST. STEPHEN’S GREEN, DUBLIN 2

(Tel: 01 6476834/35/36/37; Fax: 016476843)

Or through any bookseller

(PRN. A6/1110) €2.54

S.I. No. 360 of 2006

European Communities (Enforcement of Intellectual Property Rights) Regulations 2006

I MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment in exercise of the

powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of

1972) and for the purpose of giving effect to Articles 5, 8, 10 and 15 of Council Directive No.

2004/48/EC of the European Parliament and of the Council of 29 April 20041, hereby make

the following regulations:

Citation.

1. These Regulations may be cited as the European Communities (Enforcement of

Intellectual Property Rights) Regulations 2006.

Definitions, application and interpretation.

2. (1) In these Regulations:

“claimant” includes a plaintiff or applicant in a proceeding in respect of which these

Regulations apply;

“Council Directive” means Council Directive No. 2004/48/EC of the European Parliament

and of the Council of 29 April 20041;

“court” means, in relation to a proceeding, a court of competent jurisdiction for that

proceeding;

“defendant” includes a respondent in a proceeding to which these Regulations apply.

1 O.J. No. L.157, 30/04/2004, p.45.

2

(2) These Regulations apply in respect of civil proceedings concerning an

infringement of an intellectual property right.

(3) A word or expression that is used in these Regulations and in the Council

Directive has, unless the contrary intention appears, the meaning it has in the Council

Directive.

(4) A court shall construe these Regulations in a manner that gives effect to the

Council Directive, and for this purpose the court shall have regard to the provisions of that

directive, including the preambles.

Order for disclosure of information.

3. (1) A claimant may 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 by one or more of the relevant persons specified in

paragraph (5).

(2) The court may order the information to be disclosed if it considers it just and

proportionate having regard to the rights and privileges of the relevant person and others.

(3) An order under paragraph (2) may be subject to any terms or conditions that

the court considers appropriate.

(4) For the purposes of paragraph (2), the court may order the disclosure of any of

the following types of information:

(a) the names and addresses of -

3

(i) each producer, manufacturer, distributor or supplier of the

infringing goods or services,

(ii) any person who previously possessed the infringing goods, and

(iii) the intended wholesaler and retailer of the infringing goods or

services;

(b) information relating to -

(i) the quantities or amount of infringing goods or services

provided, produced, manufactured, delivered, received or

ordered, and

(ii) the price paid for the infringing goods or infringing services in

question.

(5) The relevant person is -

(a) the alleged infringer,

(b) any person who -

(i) was found in possession of the infringing goods on a

commercial scale,

(ii) was found to be using the infringing services on a commercial

scale, or

(iii) was found to be providing services on a commercial scale,

which are used in activities that infringe an intellectual property

right, or

4

(c) any person who has been identified by a person specified in

subparagraph (b) as being involved in -

(i) the production, manufacture or distribution of the infringing

goods, or

(ii) the provision of the infringing services.

(6) Nothing in this Regulation affects -

(a) any right of the claimant to receive information under any other

enactment or rule of law, and

(b) any other power of the court.

Order for recall, removal or destruction.

4. (1) If a court finds that there has been an infringement of an intellectual property

right involving goods, the claimant may apply to the court for an order under paragraph (2).

(2) If the court considers it just and proportionate having regard to -

(a) the seriousness of the infringement,

(b) all other remedies available to the claimant, and

(c) the interests of third parties,

the court may order the defendant to take appropriate measures, at the defendant’s expense, in

relation to the infringing goods or any material or implement principally used in their creation

or manufacture, including measures providing for their destruction or their recall or definitive

removal from the channels of commerce.

5

(3) An order under paragraph (2) may be subject to any terms or conditions that

the court considers appropriate.

Order for publication of judgments.

5. If a court finds that an intellectual property right has been infringed, the court may, at

the request of the claimant, order appropriate measures for the dissemination and publication

of the judgment be taken at the defendant’s expense.

Amendment of Copyright and Related Rights Act 2000.

6. The Copyright and Related Rights Act 2000 is amended -

(a) by inserting the following section after section 34:

Presumption relevant to section 34.

34A. In civil proceedings for infringement of a right conferred in

respect of a work made available to the public under section 34, where

copies of the work bear or incorporate a statement, label or other mark

that a named person is the owner of rights in the work under that

section, the statement, label or mark shall be admissible as evidence of

the fact stated or indicated and shall be presumed to be correct, unless

the contrary is proved.” , and

(b) by inserting the following section after section 211:

6

Presumption relevant to civil proceedings.

211A. In civil proceedings for infringement of the rights in a

performance 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 stated and shall be presumed to be correct, unless

the contrary is proved.”.

GIVEN under my Official Seal,

This 5th day of July, 2006.

MICHEÁL MARTIN

L.S.

Minister for Enterprise,

Trade and Employment.

EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations transpose into Irish law those aspects of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the Enforcement of Intellectual Property Rights which are not currently available under Irish law. The directive harmonises civil remedies and measures available for the enforcement of Intellectual Property Rights across the European Community.

7


立法 修正 (1 文本) 修正 (1 文本) 实施 (1 文本) 实施 (1 文本) 世贸组织文件号
IP/N/1/IRL/63
IP/N/1/IRL/E/4
无可用数据。

WIPO Lex编号 IE105