In this month’s TABS Update, we reported on the trial that had just commenced in the Commercial Court (a division of the High Court).  The action had been brought by EMI Records (Ireland) Ltd, Sony BMG Music Entertainment (Ireland) Ltd, Universal Music (Ireland) Ltd and Warner Music (Ireland) Ltd (“the Record Companies”) against Eircom (the largest broadband Internet Service Provider (“ISP”) in Ireland).  The Record Companies were seeking orders restraining Eircom from infringing their copyright by making copies of sound recordings available to the public. 

 

After eight days in court, the parties advised Mr Justice Peter Charleton on Wednesday evening that an amicable agreement had been reached.

 

As part of the settlement, the Record Companies will supply Eircom with the IP addresses of subscribers who illegally upload or download copyright protected works.  Eircom will then contact the subscribers directly warning them about their activities.  Subscribers will receive two warnings but will be disconnected if they continue their illegal activities.  The Record Companies have agreed that they will take steps to put similar agreements in place with other ISPs in Ireland. 

 

Eircom is reported to be happy with the settlement as it means that it does not have to provide details of its subscribers to the Record Companies or install specialised software which filters peer-to-peer traffic and prevents specified recordings from being shared.  Eircom had argued that it was not technically feasible to install such software.  The Record Companies have also welcomed the settlement and the approach adopted by Eircom.  They presumably hope that other ISPs will now fall in line and enter into similar agreements.

 

The above case is a fine example of the important role the Commercial Court plays in helping brand owners to protect their intellectual property rights.  As Commercial Court actions are expedited by the court (and with a high rate of settlements), it means that infringement disputes can be resolved quickly.  In today’s global competitive environment, it is important for businesses to have an edge over their local and international rivals and intellectual property rights help them achieve this.  Therefore, if your intellectual property rights are being infringed, as many of our clients have discovered, you must act swiftly and seek immediate legal advice. 

 

For advice or information on the Commercial Court, contact any member of our Technology & Intellectual Property Unit.