Copyright and Related Rights Act, 2000
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Chapter 10 Presumptions | ||
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Presumptions relevant to database right. |
339.—(1) The presumptions specified in this section shall apply in proceedings, whether civil or criminal, for infringement of the database right in any database. | |
(2) (a) The database right shall be presumed to subsist in a database unless the contrary is proved. | ||
(b) Except as otherwise provided in this section, where the subsistence of the database right in a database is proved or admitted, or is presumed under paragraph (a), the plaintiff shall be presumed to be the owner or, as the case may be, the exclusive license of the database right, unless the contrary is proved. | ||
(3) Where— | ||
(a) a name purporting to be that of the maker of a database or of the owner or exclusive licensee of the database right, as the case may be, appears on copies of the database, or | ||
(b) a copy of a database bears or incorporates a statement, label or other mark indicating that a person is the maker of the database or the owner or exclusive licensee of the database right, as the case may be, | ||
that name, statement, label or mark shall be admissible as evidence of the fact stated or indicated which shall be presumed to be correct, unless the contrary is proved. | ||
(4) The person named or in respect of whom a statement, label or other mark appears on or is borne on or is incorporated in copies of a database in accordance with subsection (3) shall be presumed not to have made the database— | ||
(a) in the course of employment referred to in section 322 (2), | ||
(b) in the course of employment as an officer or employee of a prescribed international organisation referred to in section 322 (6), | ||
(c) in the course of employment as an officer or employee of the Government referred to in section 322 (3), | ||
(d) under the direction or control of either or both of the Houses of the Oireachtas referred to in section 322 (4), or | ||
(e) in circumstances in which the database right is conferred on another person by an enactment referred to in section 322 (7). | ||
(5) Where a database purports to be a database made jointly, subsections (2), (3) and (4) shall apply in relation to each person purporting to be one of the makers of the database. |