Michael Ahern (Cork East, Fianna Fail)

I thank all the Senators who have taken part in the debate. It is a very important issue and people have realised that. A number of aspects referred to by Senators stand out. To encapsulate these issues in a sentence, we are talking about the need for education, enforcement, protection of intellectual property rights, further investment in research and development and commercialisation.

These are areas which have been recognised, and all parties have recognised that the future for our country is in the knowledge-based area. To get value and ensure we will be successful in future, the sentiments expressed must be acted upon. The Government realises this and is in the process of acting.

Certain concerns have been raised. Senator Coghlan and Senator Hanafin spoke about the patenting of the human genome. The human body cannot be protected in this way, nor can the simple discovery of one of its elements, such as a sequence or partial sequence of a gene. Discoveries such as DNA or raw human genome information cannot be patented because they are discoveries, not inventions.

Senator Leyden raised the need for a referendum to accede to the European Patent Convention. This is not the case. The Senator likes a certain pronunciation of the word "patent." A referendum was held in 1992 to allow Ireland to accede to the Community Patent Convention, but that convention never entered into force. A Community patent regulation was proposed by the European Commission in 2000, but unfortunately that has become deadlocked in negotiations owing to issues of translations of patent claims. Following a consultation process earlier this year, the Commission is to bring forward a communication later in the year to advance the matter.

I take note of the points raised by Senator McDowell regarding taxation. He will be aware that the tax arrangements will encourage research and development. It is a matter for the Minister for Finance. I also note Senator White's positive comments.

I do not have figures on the effect of the changes brought about in the taxation area. The matter should be raised with the Minister for Finance to get information on how effective it has been. People have made the point that there should perhaps be further moves in that area.

Senator Leyden also raised the issue of the Patents Office becoming a semi-State company. There are no proposals in this regard. As the Senator will know, the Patents Office has been relocated to Kilkenny. Enterprise Ireland provides assistance to inventors under the intellectual property assistance scheme. The Patents Office provides a number of information resources through its website. The Patents Office users' council is working well and provides a useful forum for the office's stakeholders.

Senator Quinn raised a question about the imperative of bringing intellectual property into line with our international obligations. The Senator is correct in stating that securing the highest standards of protection internationally is important, if protection is secured in individual countries. The high international standards depend substantially on states like Ireland supporting international law in the area. Ireland now enjoys very high standards of legislative protection with regard to copyright, patents, trademarks and industrial designs. It is well up to and ahead of many international standards. We are determined to keep it that way.

Senator Quinn and others also raised the enforcement of intellectual property law. This will always present problems, if only because unlike land, for example, this type of property is capable of virtually limitless copying with ease. However, we are in no way complacent about this. We have recently taken measures to complete transposition of the EC directive on civil enforcement of IP rights. Consideration of new measures to promote such enforcement on a criminal level is ongoing in the context of a new proposed EU directive on the subject. The importance of intellectual property law to Ireland is fully appreciated by the Government and it will be supported accordingly.

Senator McDowell raised the issue of pharmaceutical patents and a number of compulsory licences. Patents serve to secure the massive investment needed for research and development. Most importantly, they ensure new technologies can be developed for the benefit of individuals. Development of modern medicines is very expensive and it takes many years to bring a new medicine to market and prove it safe and effective. Without patent protection, there would be very little private investment in research. Furthermore, the public availability of information contained in a patent application promotes scientific progress and innovation. No compulsory licences have been issued in recent years.

Senators Coghlan and McDowell raised the issue of patenting software. The European Patent Convention makes it clear that computer programmes, as such, cannot be patented, and this is reflected in section 9 of the Patents Act 1992. It is important to note that this prohibition does not extend to computer-implemented inventions. These are patentable in certain circumstances where they meet patentability criteria, namely, that they are new, involve an inventive step and are capable of industrial applications.

Senator Hanafin raised the issue of poor countries with public health problems. The Doha declaration recognises that each WTO member has the right to grant compulsory licences and the freedom to determine the grounds on which such licences are granted. It also recognises that WTO members with insufficient or no manufacturing capacity in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing. On 13 August 2003 the WTO General Council adopted a decision on the implementation of paragraph 6 of the Doha declaration on the TRIPs agreement and public health. Subject to certain conditions the decision waives certain obligations concerning the issue of compulsory licences set out in the TRIPs agreement in order to address the needs of WTO members with insufficient manufacturing capacity. The community incorporated the decision into its legal order by Regulation (EC) No. 816/2006. The regulation ensures a legally secure, predictable, effective and sustainable solution for those members of the WTO and other less developed and developing countries which want to use a system to access the affordable medicines they need.

I thank Senators for their contribution to the debate and for raising very interesting questions. I thank them for their support in the passing of this very important legislation, which is vitally important for the continued growth and development of our economy.