Chapter 15

Provision for Preventing Importation

147. —(1) The owner of the copyright in a work may give notice in writing to the Revenue Commissioners—

(a) that he or she is the owner of the copyright in the work, and

(b) that he or she requests the Revenue Commissioners for a period specified in the notice to treat as prohibited goods—

(i) copies of the work which are infringing copies,

(ii) articles specifically designed or adapted or used for making infringing copies of the work, or

(iii) protection-defeating devices.

(2) The period specified in a notice given under subsection (1) shall not exceed 5 years and in any case shall not extend beyond the period for which copyright is to subsist.

(3) The owner of the copyright in a work may give notice in writing to the Revenue Commissioners—

(a) that he or she is the owner of the copyright in the work,

(b) that infringing copies, articles or devices referred to in subsection (1)(b) are expected to arrive in the State at a time and a place specified in the notice, and

(c) that he or she requests the Revenue Commissioners to treat those copies, articles or devices as prohibited goods.

(4) When a notice given under subsection (1) is in force the importation of goods to which the notice relates, other than copies of a work imported by a person for his or her private and domestic use, is prohibited.

(5) Notwithstanding subsection (4) or anything contained in the Customs Acts, a person is not, by reason of the prohibition, liable to any penalty under the Customs Acts other than forfeiture of the prohibited goods.

(6) In this section “prohibited goods” means counterfeit or pirated goods within the meaning of the European Communities (Counterfeit and Pirated Goods) Regulations, 1996 (S.I. No. 48 of 1996).

148. —(1) The Revenue Commissioners may prescribe the form in which notice is to be given under section 147 and require a person giving notice—

(a) to furnish the Revenue Commissioners with such evidence as may be prescribed, either on giving notice or when the goods are imported, or at both these times, and

(b) to comply with such other conditions as may be prescribed.

(2) Regulations made under this section may require a person giving a notice under section 147 —

(a) to pay such fees in respect of the notice as may be specified by the Revenue Commissioners from time to time,

(b) to give such security as may be specified by the Revenue Commissioners in respect of any liability or expense which the Revenue Commissioners may incur in consequence of the notice given by reason of the detention of any infringing copy, article or device or anything done to any infringing copy, article or device detained, and

(c) to indemnify the Revenue Commissioners against any such liability or expense whether security has been given or not.

(3) Regulations made under this section may make different provisions in respect of different classes of case to which they apply and may include such incidental and supplementary provisions as the Revenue Commissioners consider expedient from time to time.

(4) Any fees paid pursuant to regulations made under this section shall be accounted for in such manner as shall be prescribed by the Minister for Finance.