STATUTORY INSTRUMENTS. 
S.I. No. 59 of 2012
 
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EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS)
 
REGULATIONS 2012
 
(Prn. A12/0382) 2 [59]
 
S.I. No. 59 of 2012 
EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS)
 
REGULATIONS 2012
 
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in 
exercise of the powers conferred on me by section 3 of the European Communi­
ties Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to 
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 
20011, hereby make the following regulations: 
1. These Regulations may be cited as the European Union (Copyright and 
Related Rights) Regulations 2012. 
2. The Copyright and Related Rights Act 2000 (No. 28 of 2000) is amended— 
(a) in section 40, by inserting the following subsection after subsection (5): 
“(5A) (a) The owner of the copyright in a work may, in respect of 
that work, apply to the High Court for an injunction against 
an intermediary to whom paragraph 3 of Article 8 of 
Directive 2001/29/EC of the European Parliament and of the 
Council of 22 May 20011 on the harmonisation of certain 
aspects of copyright and related rights in the information 
society applies. 
(b) In considering an application for an injunction under this 
subsection, the court shall have due regard to the rights of 
any person likely to be affected by virtue of the grant of 
any such injunction and the court shall give such directions 
(including, where appropriate, a direction requiring a person 
be notified of the application) as the court considers appro­
priate in all of the circumstances.”, 
and 
(b) in section 205, by inserting the following subsection after subsection 
(9): 
“(9A) (a) The rightsowner of any right conferred by Parts III and 
IV may, in respect of that right, apply to the High Court for 
an injunction against an intermediary to whom paragraph 3 
of Article 8 of Directive 2001/29/EC of the European Parlia­
ment and of the Council of 22 May 20011 on the harmonis­
ation of certain aspects of copyright and related rights in the 
information society applies. 
1OJ No. L. 167, 22.6.2001, p.10. 
Notice of the making of this Statutory Instrument was published in 
“Iris Oifigiúil” of 2nd March, 2012. [59] 3
 
(b) In considering an application for an injunction under this 
subsection, the court shall have due regard to the rights of 
any person likely to be affected by virtue of the grant of 
any such injunction and the court shall give such directions 
(including, where appropriate, a direction requiring a person 
be notified of the application) as the court considers appro­
priate in all of the circumstances.”. 
GIVEN under my Official Seal, 
29 February 2012. 
RICHARD BRUTON,
 
Minister for Jobs, Enterprise and Innovation.
 4 [59]
 
EXPLANATORY NOTE
 
(This note is not part of the Instrument and does not purport to be a legal 
interpretation.) 
These Regulations clarify that an injunction may be sought against an inter­
mediary to whom Article 8(3) of Directive 2001/29/EC of the European Parlia­
ment and of the Council of 22 May 2001 on the harmonisation of certain aspects 
of copyright and related rights in the information society applies. Article 8(3) 
requires that rightholders are in a position to apply for an injunction against 
intermediaries whose services are used by a third party to infringe a copyright 
or related right. 
BAILE ÁTHA CLIATH
 
ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
 
Le ceannach díreach ón
 
OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS,
 
TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2,
 
nó tríd an bpost ó
 
FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA,
 
AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA, CLÁR CHLAINNE MHUIRIS,
 
CONTAE MHAIGH EO,
 
(Teil: 01 - 6476834 nó 1890 213434; Fax: 094 - 9378964 nó 01 - 6476843)
 
nó trí aon díoltóir leabhar.
 
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