Dáil debates

Wednesday, 18 April 2018

Copyright and Other Intellectual Property Law Provisions Bill 2018: Second Stage

 

8:10 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I thank the Minister of State for outlining in detail the provisions in the Bill. He has said this is primarily a technical piece of legislation but the themes discussed are important in the broader context of the knowledge economy, innovation and the protection of copyright and patents. This country has been to the fore in developments but not always in protecting such developments. We have innovative people in the animation and film sectors, as well as education and the knowledge box. There are cutting edge companies and individuals providing wonderful software in those areas. We really need to harness such work while fostering it. In doing so we must also ensure we can protect it so that people can have confidence that if they innovate and create something exciting, it would be protected by our legislation and in our courts, meaning there would be a reward for it.

Let us be under no illusions. There needs to be a reward in order that people can obtain remuneration from their ideas and innovations.

If we look at education in recent years and where we started from and have come to in the areas of disability and artistic endeavour, it is obvious that we are becoming very creative. We can now allow children with disabilities to learn and to create. In schools, iPads and tablets are used in a creative and innovative way. Whiteboards and other available technology are very much part and parcel of everyday education. However, that came about because of the efforts of creative people. I refer to not only to the global corporate aspect but also to local creative companies and individuals. The Minister is aware of this from his previous background as an educator. While it is primarily technical in nature, the Bill is very detailed and robust. We are supporting and welcoming it. We could criticise parts around the edges. However, we certainly support the broad principle.

In respect of where we stand in the context of copyright, patents and intellectual property, we also have to look at the international context. I refer to the previous debate on data protection and all that flows from that. There is one thing that we cannot do as a State, a people and a society, namely, just to park matters and stop. This journey we are on in the area of creative thinking, intellectual property and copyright will not stop. It is a journey that is going to evolve long into the future. As a country, we have to be on top of that, not only in the context of the creative aspect but also in ensuring that we can protect the creative dynamic which is evident in Ireland now. It is an exciting time to be part this journey and this adventure. It is really changing people's lives across many areas, including the arts, education and disability. It is an exciting time for people involved in education and those learning from that education as well. This Bill will facilitate these individuals.

Looking beyond that to the globalisation of content, research and innovation and creativity in general, we have to accept that, as a country and an island, we are just newly coming to the fore in this area. We have always been creative in terms of the arts, poetry and music and story. However, it is important that we establish Ireland as a centre where people can have confidence that intellectual property will be protected. I refer not only to this Bill, but also to the whole area of software, financial services and right across all aspects of the modern mobile global economy. I refer to having within this country the legislative underpinning that gives confidence to creative people, regardless of the areas in which they operate, that they can establish themselves here knowing that whatever they think up, create, imagine or design will enjoy full protection. This will require that we remain consistently ahead of the posse when it comes to legislative underpinning.

I refer also to our competitiveness and confidence in our judicial system. We must ensure that when there are breaches of copyright, intellectual property rights or company law, there is a judicial system in place that protects intellectual property rights and creativity. That is something which this country must consistently protect and nurture. I say this because I believe that Ireland has all those attributes of a small nation that boxes above its weight with regard to global positioning. Creativity is important but let us be honest and clear about it. Without protection and acknowledgment and in the absence of remuneration, creativity dies. There is a need for people to be able to innovate consistently. The way innovation happens is if there is a reward at the end of the process. This Bill reflects and encompasses what we must do in a broader way across all aspects of intellectual property and copyright protection.

I refer to what the Minister said about this Bill. Considering the fact that it is quite detailed and technical legislation, the content of his speech was grouped thematically to make it easier to discuss the different elements. He continued by saying that due to the way the existing measures are contained in the Copyright and Related Rights Act 2000, it is not possible for amendments to follow a numerical sequence within the Bill. That was a fine introduction to a speech. I began to lose the will to live. However, we have to acknowledge that a huge amount of work goes into drafting legislation. As the Minister said, this is quite detailed legislation. There are European implications. It is important that we acknowledge the role of the civil servants in the Department. They play a key and meaningful role in consistently drafting legislation, observing what is happening in the broader international markets, transposing EU directives, etc. The civil servants in the Department must be acknowledged for the work they do in respect of Bills of this nature. Very often, that work goes unnoticed. However, it is significant and important in respect of its impact.

For all those reasons, we welcome the Bill. We think the Bill is important and significant for those who create, and for those who benefit from the creation of, the intellectual property rights that will be protected under its provisions. I thank the Minister and his officials for outlining the position. We will consistently support quality legislation that is brought forward. More importantly, we will consistently support and encourage the Government in the protection of creative ideas. Historically, we can look back at our place on the international stage in the areas of literature and art, the fact that Ireland was known as the land of saints and scholars, etc. It may be nostalgic to do so but the reality is that if we do not protect and have a sound robust legislative base underpinning intellectual property rights, creativity and copyright - with courts that can adjudicate in an impartial internationally recognised manner - we will undermine creative people by not allowing them to benefit from their talents. With that in mind, I support the Bill and, in a positive way, commend it to the House.

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