Statutory Instruments 
 
 
S.I. No. 360 of 2006 
 
European Communities (Enforcement of Intellectual Property Rights) 
Regulations 2006 
 
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(PRN. A6/1110)        €2.54 S.I. No. 360 of 2006 
European Communities (Enforcement of In tellectual Property Rights) Regulations 2006 
 
I MICHEÁL MARTIN, Minister for Enterprise, Trade and E mploym ent in exercise of the 
powers conferred on m e 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 m ake 
the followin g regula tions:  
Citation. 
1. These Regulations m ay be cited as the European Communities (Enforcem ent of 
Intellectual Property Ri ghts) Regulations 2006. 
Definitions, application and interpretation. 
2. (1) In these Regulations: 
“claim ant” includes a plain tiff or applican t in a proceeding in res pect of whi ch these 
Regulations apply;  
“Council Directive” m eans Council Directive No. 2004/48/EC of the European Parliam ent 
and of the Council of 29 April 20041; 
“court” m eans, in relation to a p roceed ing, a court of com petent jurisdiction for that 
proceed ing; 
“defendant” includes a responde nt in a proceed ing to which these Regulations app ly. 
                                                 
1  O.J. No. L.1 57, 30/04 /2004, p.45. 
 2 (2) These Reg ulations ap ply in  resp ect of civil proceedi ngs concerning an 
infringem ent of an intellectual property right. 
 (3) A word or expression that is used in these Regulations and in the Co uncil 
Directive has, unless the cont rary intention appears, the meaning it has in the Council 
Directive. 
 (4) A court shall construe these Regulati ons in a manner that gives effect to the 
Council Directive, and for this pu rpose the court shall have rega rd to the provi sions of that 
directive, including the pream bles. 
Order fo r disclosur e of informa tion. 
3. (1) A claim ant may apply to the court fo r an order that inform ation regarding the 
origin and distribution networks of goods or services which infr inge an intellectual property 
right shall be disclosed to the claim ant by one or more of the relevant persons specified in 
paragraph (5). 
 (2) The court m ay order the inform ation 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) m ay be subject to any term s or conditions that 
the cour t considers appropriate. 
 (4) For the purposes of paragraph (2), the court m ay order the disclosure of any of 
the following types of infor mation: 
(a) the nam es and addresses of - 
 3(i) each producer, m anufacturer, distrib utor or supp lier of the 
infringing goods or services, 
(ii) any person who previously possessed the infringing goods, and 
(iii) the intended wholesaler and re tailer of the infringing goods or 
servic es; 
 (b) information rela ting to -  
(i) the quantities or am ount of infringing goods or services 
provided, produced, m anufactured, delivered, received or 
ordered, and 
(ii) the price paid for the infringi ng 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 comm ercial 
scale, o r 
(iii) was found to be providing se rvices on a comm ercial scale, 
which are us ed in ac tivities tha t infringe an intelle ctual p roperty 
right, or 
 4(c) any person who has been iden tified by a person specified in 
subparagraph (b) as being involved in - 
(i) the production, m anufacture 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 claim ant to receive infor mation under any other 
enactm ent or rule of law, and 
(b) any other power of the court. 
Order fo r recall, remo val or destruction. 
4. (1) If a court finds that there has been an  infringem ent of  an intelle ctual pro perty 
right involving goods, the claim ant 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 infringem ent, 
(b) all other remedies av ailable to the claim ant, and  
(c) the in terests of  third par ties, 
the court m ay order the defendant to take approp riate m easures, at the defendant’s expense, in 
relation to the infringing goods or any m aterial or im plement prin cipally used in their creation 
or manufacture, inc luding measures providing f or their des truction o r their recall or definitive 
removal from the chann els of commerce. 
 5(3) An order under paragraph (2) m ay be subject to any term s or conditions that 
the cour t considers appropriate. 
Order for publication of judgments. 
5. If a court finds that an intellectual propert y right has been inf ringed, the court m ay, at 
the request of the claim ant, order appropriate  measures for the dissem ination 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 am ended - 
 (a) by inser ting the f ollowin g section after section 34: 
“Presumption relevant to section 3 4. 
34A. In civil proceedings for infri ngem ent of a right conferred in 
respect of a work m ade available to the public under section 34, where 
copies of the work bear or incorporate a statem ent, label or other m ark 
that a nam ed person is the owner of rights in the work under that 
section, the statem ent, label or m ark shall be admissible as evidence of 
the fact s tated or indicated and shal l be presum ed to be correct, unless 
the contrary is proved.” , and 
(b) by inser ting the f ollowin g section after section 211: 
 6“Presumption relevant to civ il proceedings. 
211A. In civil proceedings for infringem ent of the rights in a 
perform ance under this Part, where copies of a recording of the 
perform ance as issued to the public  bear a statement that a nam ed 
person was the perform er, the statement shall be adm issible as 
evidence of the fact s tated and shal l be presum ed to be correct, unless 
the contrary is proved.”. 
 
       GIVEN  under my Official Seal, 
        T his 5th day of July, 2006. 
  
        
        M ICHEÁL MARTIN    
 L.S. 
        M inister for Enterprise, 
        Trade and Employm ent. 
 
 
 
 
EXPLANATORY NOT E 
(This note is not part of the Instrument and doe s not purport to be a legal interpretation)  
 
These Regulations transpose into Irish law those aspects of Dir ective 2004/48/E C of the 
European P arliam ent and of the Council of 29 April 2004 on the Enforcem ent of Intellectual 
Property Rights which are not currently availabl e under Irish law.  The directive harm onises 
civil rem edies and m easures available for th e enforcem ent of Intellectual Property  Rights 
across the E uropean Community. 
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