Dáil debates

Thursday, 6 October 2011

Patents (Amendment) Bill 2011: Second Stage

 

1:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)

I do not know how I am going to follow that. Deputy Finian McGrath was very inventive during his contribution. I hope that neither the Minister of State nor the Minister for Finance will get ideas with regard to patenting the pension levy or other issues of that nature. If they did patent the levy, we would be stuck with it for a long time.

The Patents (Amendment) Bill 2011 is very important. It amends certain sections of the Patents Act 1992 to allow for the eventual ratification by Ireland of the London agreement. In that context, I thank the Minister of State for bringing the Bill before the House. As he stated, patents add huge economic value to ideas and inventions brought forward by innovative individuals and businesses. They are in place for a very good reason, namely, to protect and secure the rights of individuals who have invested their time and efforts in research and development and who have borrowed money from banks, credit unions, their families, and so on to allow them to do this. It is very important that people should be able to patent their ideas and inventions when they reach the production stage. At that point, an idea or invention can become the property of large tycoons or whomever because they can adapt them slightly and call them their own. I am aware of instances, in respect of the business in which I am involved where machines were copied and changed slightly and where the patent laws that were in place did not provide any protection to the inventors. I hope the Bill will strengthen the position in this regard and make it easier and less expensive for people to obtain patents.

I agree with the Minister of State, Deputy Sherlock, that protecting intellectual property rights through patenting is very important. In 1964, a new Patents Act was passed to bring our legislation in line with that of the main industrial countries. I also agree with the Minister of State that during the past decade, it has become clear that Ireland's international competitiveness increasingly depends on goods and services which have high knowledge content. Our exports are very important to us, especially if they involve new ideas and assist in developing new customer bases in Europe and beyond. It is vital, therefore, that we should have strong and effective patents legislation in place to protect the rights of those involved in trade at home and abroad.

The Minister of State referred to the fact that it costs in excess of €30,000 to register a patent as a result of the need to make applications in each European Union member state. That does not reflect the spirit of the Union and the process should be streamlined. The London agreement is certainly a step in the right direction in this regard.

Deputy Finian McGrath referred to young entrepreneurs, young business people and education in schools. I compliment South Tipperary County Enterprise Board - a very slimline organisation that has access to very little funding - in respect of the level of support it has given to businesses in my constituency. More importantly, the board has also become involved with local secondary schools and has promoted enterprise competitions and award schemes for second, third and transition year students. I have been lucky enough to be able to attend most of the awards ceremonies held in these schools in recent years. What I saw on display was just amazing. These young people are coming up with some simple but extremely innovative and entrepreneurial ideas.

We are going to be obliged to adapt the education system in respect of this matter. We should not merely train people solely to pursue academic or other careers. The curriculum must be adapted in order that young students who display an ability to be creative in any area of interest can be accommodated. We must harness their creativity and provide them with support because from small acorns large oak trees grow. The ideas being put forward by second level students are very good and are scientifically based, and we must seek to support and promote their efforts. I again compliment my local county enterprise board for running the scheme in question, which is sponsored and supported by a number of businesses. It is important the school curriculum be developed in such a way as to allow the students to whom I refer to be nurtured in their endeavours.

The relevant figures indicate that 925 patent applications were made in 2007. This increased to 1,007 in 2008 before dropping back to 961 in 2009. The decrease in the latter year is a matter of concern. The economy was slipping into recession in 2008 when the highest number of applications was received. I will be very interested in obtaining the figures for 2010.

We must support anyone who comes up with an idea or initiative in the area of business. We must try to stimulate the thought processes of such people. Unfortunately, many individuals have a great deal of time on their hands because their businesses are floundering or they are unemployed. I am of the view that the national internship scheme could be used to stimulate people into developing new ideas and thereby create further employment opportunities. A great deal of discussion has taken place in the House in respect of job creation and the jobs initiative - which I welcome - that was put in place by the Government. Every little bit helps.

We must secure the position with regard to patents but we must also try to retain in this country those individuals who come up with ideas. In addition, we must make the process relating to applying for patents as simple and as inexpensive as possible. It is crazy that almost 90% of the cost of applications relates to the need to obtain translations. I do not know how that cost can be justified but that is how the system has developed.

I welcome the legislation, which I will be supporting, and thank the Minister of State for bringing it forward.

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