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

What this form is for

• • Use when you need to obtain infringing material from someone who has it in their possession
• • Use when other methods to retrieve infringing material have failed
• • Use when you have identified specific infringing copies or equipment
• • Use when you have evidence of copyright infringement
• • Use when you need a court order to compel delivery up of material

Use this form or another form?

Deadline or filing window

There is no standard deadline for filing this form, but it should be submitted as soon as possible after identifying infringing material. Court processing times may vary, so early submission is advisable.

Before you submit

• • Verify all sections are completed
• • Check that infringing material is clearly identified
• • Ensure copyright ownership is properly documented
• • Attach all supporting evidence
• • Confirm correct court jurisdiction
• • Verify contact information is current
• • Calculate any required fees
• • Make copies for your records

How to file this form

1. 1Obtain the official Form 31B.5 from the Courts Service website or court office
2. 2Complete all sections with accurate information
3. 3Prepare supporting evidence of copyright ownership and infringement
4. 4File the completed form with the appropriate court office
5. 5Pay any required filing fees
6. 6Serve a copy on the respondent (person from whom you seek delivery)
7. 7Attend any required court hearings

Known limitations

• • This form only applies to copyright infringement under Irish law
• • The court must be satisfied that infringement has occurred
• • The form cannot be used for claims related to neighboring rights
• • The court may refuse the order if it would cause undue hardship
• • The form does not address claims for damages, only delivery of material