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ARTICLE · 10 APRIL 2015

Irish Court Grants Injunction Against ISP To Adopt Graduated Response Scheme

Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

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This is the first occasion that a court ordered or "common law" graduated response system has been imposed anywhere in the world.

IrelandIntellectual Property

On 27 March 2015, Mr Justice Cregan sitting in the Irish Commercial Court held that an injunction can be granted against an Internet service provider ("ISP"), UPC Communications Limited, for it to implement and adopt a graduated response scheme to assist in the enforcement by music companies of copyright infringement against the ISP's subscribers.

The precise scope of the scheme is not yet known as the parties have been requested to make further submissions to the Judge on the form of the order and the exclusions and safeguards in that order. However, the order will involve at least two letters being sent to subscribers that are identified by the music rightsholders as infringing copyright on the ISP's network.

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