Ivor Callely (Fianna Fail)

I welcome the Minister of State, Deputy Jimmy Devins, and congratulate him on his words of wisdom.

This debate about the protection of intellectual property is happening at a time of exceptional global economic and financial turbulence and for that reason it is essential we explore areas of opportunity. The area of intellectual property protection is of immense importance and growth.

The Government is rightly in the business of promoting and protecting innovation, research and development and of offering protection on patents, inventions, trade marks, industrial design rights and for copyright on artistic work. We have witnessed a new industrial revolution in this area over the past decade or more, one that is likely to continue in the foreseeable future, albeit there are world economic difficulties. This area will not be affected to the same extent as other areas. I fully support the concept of intellectual property rights. I envisage Ireland will continue to experience innovation and development, with new markets being created and endless scope to share in further development.

Ireland may have been found wanting with regard to the various industrial revolutions of the past. We were just a small island nation in the 1930s and 1940s compared to America, Germany and other developing wealthier nations. However, Ireland is totally different today. In the recent past we have built up a knowledge base, a highly skilled workforce and resources necessary for progress and development. We compete easily with other countries on the world stage. For example, from 1995 to 2005 we competed with and compared favourably with other countries. It was often said we boxed above our capacity and we often won out in competition with other leading destinations for foreign direct investment and developments.

We can compete too in the area of intellectual property. The essential element for developers in this area is the required protection. This is a complicated area and no one person, perhaps, has a clear handle on the state of play. I am not sure any acid test has been carried out with regard to what legislation is applicable. Is it the law of the country where innovation has taken place or does it relate to where there are other European applications? The complications are significant.

I know the Minister of State shares an interest with me in the area of pharmaceuticals where there has been a level of ambiguity with regard to the protection applicable. Perhaps the Minister of State has information in this regard, but we do not know what test cases have been taken in this area nor what the outcome of those cases has been. One thing I do know is that the regulation of such areas has come under scrutiny and been found wanting in the past. It is easy in hindsight to say we should have provided such and such a power or put such and such a regulation in place.

While I like to consider myself relatively young, I have some experience under my belt. I have found that no matter what provisions are in place, it is only when we come to the acid test we realise there is scope for improvement. It is only looking back after experience that one realises one should have made certain other provisions.

I have read some of the documents from the Department of Enterprise, Trade and Employment and am aware of the good work being done by the Tánaiste and Minister, Deputy Mary Coughlan, and her Ministers of State, Deputies Devins and McGuinness, in this area and congratulate them on the launch of the document on innovation last year. I commend them too on their targeting of companies that will bring innovation enterprise and research and development here.

The development of the smart economy ties into this in so far as it identifies the measures that will help promote economic stabilisation and the restructuring of the economy over the coming years and the framework to set them out. With regard to our economy and industrial development it is fair to state that we are at a point in our national history where we have never been able to see more clearly how we should be able to achieve, compete and be somewhat as successful as we have been on the road we travelled over recent years. We know Ireland has undergone a huge transformation and we are now a pulsating economy.

As I stated at the outset, all of us expect the country to feel some of the tremors of the turbulence of the present global economic and financial difficulties. Having stated this, equally we should acknowledge the success of our economic performance and the dividends that came out of that performance in so far as we were able to attract foreign direct investment. We have been hugely successful. We have trade links and markets and most importantly we have the entrepreneurial capacity to drive projects. We have established a reputation for our ability to succeed.

Having stated this, it is very important that whatever can be done within the confines and jurisdiction in which the Minister of State operates and in the globalised markets which operate it is important we have a Minister of State with responsibility for innovation such as Deputy Devins who is leading in the field of intellectual property protection. Whatever we can do to attract this very important factor in the development of our economy over the next period is worthy of the support of this House to ensure we can continue to attract the very important area of what is often referred to as "blue chip" research and development facilities and industrial designs.

I was Chairman of the committee which brought through the Copyright and Related Rights Act some years ago. It was complex legislation and at the time the amount of data coming through was mind boggling and we wondered whether we would ever get through it or address the variety of issues contained in it. We were able to do so and were successful. We ventured into a new area which warranted address by legislators. In the area of intellectual property, we are in uncharted waters and we can do the same and come out on top.