Joe O'Toole (Independent)

I thank Senator Quinn for sharing his time.

I welcome the Minister of State to the House. This is another complex issue, with which he will deal quietly and move on. Anything do to with patent laws usually gets the industrial sector into a twist. During the 1990s when there were problems and proposals regarding the extension of the period of patient, there was chaos in sectors of industry. I agree with everything Senator Quinn said. Ten years ago, a significant proportion of domestic industry was based on out-of-time patents and, consequently, the entire chemical industry was using generic combinations of drugs, which had been used under patent previously. The patent period was 16 years up to then but it was extended in the mid-1990s to 20 years. During the negotiations on the patent extension, companies stated they would go out of business. To this day, investment in research and development in Ireland is the lowest in Europe. Ten years ago the next lowest to us was Belgium and our investment as a percentage of GNP was 50% of Belgium's. We have improved somewhat but not enough.

The Minister for Finance said in his last Budget Statement he would actively seek co-operation among third level colleges and institutes of technology to promote research and development. To avail of patent legislation, ideas must be produced. People must be encouraged to articulate their ideas, get them to a near market stage, bring them to incubation centres, which are attached to most institutes of technology where they will be helped to develop, refine and sophisticate their ideas, before bringing them to finality at which point they can then be lodged as a patent and brought to market. How important is this? John Logie Baird, the Scotsman who invented the television, died in rented accommodation in Dundee years after he was bought out by EMI. Marconi discovered radio and he was bought out by GEC. The only person who had enough sense, education, experience and readiness to keep his patent while allowing people to invest in it is the man to whom Senator Quinn referred as the richest man in the world. Bill Gates is the only person who did not sell. James Watt had to sell two thirds of his patent to secure further investment as his developed his idea and he was not allowed to patent it in his own name. These are examples on a grand scale of the importance of what the Minister of State is doing in the legislation, which recognises the World Trade Organisation's efforts to deal with issues globally while filling the gaps in legislation dealing with translation, transnational and Third World issues.

When the Patents (Amendment) Act was put on the Statute Book in 1992, Ministers, ICTU and IBEC were saying graduates were needed to engage in research and development. The Minister of State should recognise and highlight this at every opportunity. However, this is no more because we need people to engage in doctoral research. I spoke to a constituent of the Minister of State's earlier this week. He did his degree in Cork and did his doctorate in California. He conducted post-doctoral research before returning to Cork where he is being helped by the incubation centre in the institute of technology. He has developed an important system relating to sonic waves. He has established a world leading company in County Cork as a result of doctoral research. James Watt invented the steam engine, did not patent his idea and lost out. Baird invented the television, which can be found in very house in the world, died in rented accommodation and suffered a loss of reputation and money. Marconi did better because he held on to a number of his patents and he was supported by the Pope and others. However, the principle is the same. Intellectual property rights need to be protected. People who have good ideas to improve our quality of life and services should be able to patent and protect them. We do not want young people engaging in pre-Industrial Revolution type work in companies such as Fruit of the Loom nor do we want Irish industry to be based on out-of-time patents. Ireland should be leading, not following in this area, and that is why I welcome the legislation.