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Copyright Amendment (Online Infringement) Act 2018, Australia

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Latest Version in WIPO Lex
Year of Version 2018 Dates Entry into force: December 11, 2018 Adopted: December 10, 2018 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws Notes The notification by Australia to the WTO under Article 63.2 of TRIPS states:
'The Act amends the online copyright infringement scheme in section 115A of the Copyright Act 1968, which is aimed at allowing the Federal Court of Australia to issue injunctions requiring the blocking of access by users in Australia to overseas online locations that facilitate large-scale infringement of copyright.

The Act amends the scope of the previous scheme by:

• providing that an injunction may be granted in respect of an online location that has ‘the primary purpose or the primary effect’ of infringing, or facilitating an infringement, of copyright (whether or not in Australia);

• including a rebuttable presumption that the online location is outside Australia, to reduce the evidentiary burden on copyright owners;

• enabling copyright owners to seek injunctions requiring online search engine providers to take such steps as the Court considers reasonable so as not to provide search results that refer users to online locations blocked under the scheme (the scheme previous only applied to internet service providers);

• clarifying that the Federal Court may grant injunctions in terms that allow:

- the copyright owner and carriage service provider, by agreement, to apply the injunction to block other domain names, URLs and IP addresses that start to provide access to the online location after the injunction is made;

- the copyright owner and online search engine provider, by agreement, to apply the injunction to not provide search results that include domain names, URLs and IP addresses that start to provide access to the online location after the injunction is made; and

• enabling the Minister, by legislative instrument, to declare that particular online search engine providers, or classes of online search engine providers, be exempt from the scheme.'

Available Texts Main text(s) Main text(s) English Copyright Amendment (Online Infringement) Act 2018 PDF HTML
Legislation Amends (1 text(s)) Amends (1 text(s))
Copyright Act 1968 (consolidated as of July 1, 2022) (AU612)
WTO Document Reference
IP/N/1/AUS/17
IP/N/1/AUS/C/23
IP/N/1/AUS/E/1
WIPO Lex No. AU509