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31B.5 Order For Delivery Up - Copyright And Related Rights Act, 2000, Section 142

This form is an official 'Order For Delivery Up' issued under the Copyright And Related Rights Act, 2000, specifically referencing Section 142. You use it when you need a court order compelling someone to hand over copyrighted material or related rights content.

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Form Overview

31B.5 Order For Delivery Up - Copyright And Related Rights Act, 2000, Section 142

This form is an official 'Order For Delivery Up' issued under the Copyright And Related Rights Act, 2000, specifically referencing Section 142. You use it when you need a court order compelling someone to hand over copyrighted material or related rights content.

The form captures details about the copyrighted work and the specific order sought. It identifies who is required to deliver up the material.

Risk Radar

  • Ensure the precise copyright title and registration details are listed on Form 31B.5.
  • Failing to specify Section 142 in the order request.
  • Incorrectly naming the party who must deliver up the material.
  • Not providing sufficient details of the copyrighted work itself.
  • Submitting without a clear statement of what 'delivery up' means (e.g., physical copy, digital file).

Plain English

Think of this as a formal request to the Irish Courts. You are asking the Court to force another party to give up something they possess that is protected by copyright in Ireland. It relates directly to how things are managed under Irish copyright law.

Submission Date

  • There is no specific universal deadline noted, but submission should happen as soon as you require the court's intervention to secure the delivery.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • You need a court directive compelling someone to hand over copyrighted material.
  • The item being demanded falls under 'Related Rights' as defined by the 2000 Act.
  • This form is used when simply asking isn't enough; you require a formal Order.
  • It must align with the requirements of Section 142 for the order to be valid.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Copyright Infringement (General)Likely Form 31B.5 but maybe another specific oneCheck if the demand is only for 'Delivery Up' or broader reliefConfirm if the other form covers wider damages claims.
Related Rights OnlyThis exact form (31B.5)Use this when the content belongs to a related right holder, not necessarily the original author/ownerEnsure your claim fits the definition of Related Rights.
Pre-Action Letter StageNot confirmed in official sourceIf you are still negotiating before going to court, use a letter firstDon't file 31B.5 until negotiation fails.
CRO related Copyright ClaimNot confirmed in official sourceWhile the CRO handles companies, this form is for the Court order itselfCheck if the dispute involves company assets/IP registered with the CRO.

Deadline or filing window

There is no specific universal deadline noted, but submission should happen as soon as you require the court's intervention to secure the delivery.

Before you submit

  • All parties involved are correctly named (Applicant/Requester and Respondent/Defendant).
  • A clear description of the material to be delivered is provided.
  • The basis for the claim under Section 142 is explicitly stated in the narrative sections.
  • Proof supporting your ownership or right must be attached (e.g., registration certificates).
  • You have paid any required filing fee as set by the Courts Service of Ireland.
  • All signatures are legible and match the individuals named on the form.

How to file this form

  1. 1Complete all sections of Form 31B.5 thoroughly.
  2. 2Attach supporting documentation proving your copyright/related rights claim.
  3. 3File the completed form at the appropriate District or Circuit Court office.
  4. 4Pay the required court filing fee upon submission.
  5. 5Obtain a stamped copy of the filed form for your records.

Known limitations

  • This form only requests 'Delivery Up'; it does not automatically grant damages or injunctions unless specified elsewhere on the form.
  • The specific court handling the case is dependent on where the infringement occurred, not just where you live.
  • Not confirmed in official source: The exact required supporting documents vary by local court rules.
  • If the claim involves multiple types of rights (e.g., copyright AND neighbouring rights), ensure both are detailed.

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Current Form Status

This is an active order form from the Courts Service of Ireland. It specifically relates to Section 142 of the Copyright And Related Rights Act, 2000.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the date printed on the top corner.
  • Verify the specific reference to 'Section 142' is present.
  • Review the required fields for identifying the copyrighted work (e.g., title, registration number).
  • Confirm the designated court jurisdiction listed on the form matches your location.
  • Ensure the section detailing the relief sought clearly states 'Delivery Up'.

Quick Facts

A person or entity holding copyright rights must use this form. This could be a creator, publisher, or rights holder.
The form captures details about the copyrighted work and the specific order sought. It identifies who is required to deliver up the material.
Submit this when you require an official court mandate for delivery. The timing depends on when the infringement or possession issue arises.
Submission is typically done through the Courts Service of Ireland channels. Check if it needs to go via their online portal or be posted to a specific registry.
Submitting incorrectly can delay the enforcement process significantly. Errors might mean the Court grants an order for the wrong item or party.
First, clearly state what copyrighted material you want delivered up. Next, identify who currently holds that material. Fill in all required details referencing Section 142 of the Act before signing and submitting.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/10/25

31B.5 Order For Delivery Up - Copyright And Related Rights Act, 2000, Section 142

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After you file

  • Track the case number assigned to your submitted 31B.5.
  • Ensure the Respondent is formally served with a copy of the Order.
  • Monitor the court calendar for hearing dates related to this order.
  • Prepare arguments detailing why delivery up is necessary under Section 142.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Number: 31B.5
  • Act Reference: Copyright And Related Rights Act, 2000
  • Specific Section: Section 142
  • Not confirmed in official source: The exact fee schedule for filing.
  • Not confirmed in official source: Current name of the specific court tribunal/division.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Delivery Up' (handing over) with 'Damages' (paying money).

  • 2

    Not knowing whether the claim falls under general Copyright or specific Related Rights.

  • 3

    Filing this form in the wrong court jurisdiction for your case.

  • 4

    Assuming the request is automatic; a judge must still sign and issue the Order.

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