Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

Many important points and contributions were made by Senators on the protection of intellectual property. I take this opportunity to thank all the Senators for their contributions.

Several interventions reflected the view, which I share, that intellectual property is becoming more important to the country's future. Already, the creating, licensing, protection, commercialisation, use and enforcement of intellectual property is very important to our economy. The way forward for our country towards developing a knowledge society means intellectual property needs to become more important still. The Government, business and universities and institutes of technology among others will all have to work more closely together on many aspects of intellectual protection.

Although copyright is just one of several major forms of intellectual property protection, it was a particular focus for Senators' interventions. Increasingly, the rate of change in digital technologies and internet developments and business models has been throwing up new legal issues and redefining older ones in copyright. That said, it is fair to state that to date we have been fortunate that our main legislation in this field, namely, the Copyright and Related Rights Act 2000, has proved to be quite resilient, as we hoped it would be at the time of enactment.

I will refer briefly to some of the points raised by Senators. Senator John Paul Phelan was correct to state that in the EU software as such cannot be patented under the European patent convention. This contrasts with the situation in the United States where it can be registered. The Senator was also correct to state that the European Parliament voted down a draft EU directive proposal in 2006 which was to provide patents for some copyright protection. Commissioner McCreevy accepted this outcome and postponed a further effort on this front until later.

A couple of Senators, including Senators John Paul Phelan and Boyle, raised the issue of drugs. The TRIPS agreement has been amended to facilitate easier compulsory licensing of drugs to deal with various health emergencies. For its part, the EU adopted a regulation to help member states in this regard. I am pleased to state that last year we introduced regulations to facilitate Irish exporters if they were asked by overseas firms to produce and export drugs to countries where there were health emergencies involving HIV and malaria. As I stated in my opening speech, it is true that there are tensions and unresolved issues at UN level between the WHO, WIPO and the WTO TRIPS agreement.

Senator Cassidy mentioned the idea of developing Ireland as an innovation island of Europe and this is something to which we would all subscribe. He also mentioned the institutes of technology and the very important part they can play in our educational system. I concur entirely with him. As a former chairman of the Institute of Technology Sligo I am a great believer in the value of the institutes.

Senator Cassidy and other Senators raised the matter of the difficulties we face with regard to students taking up mathematics and science and then progressing to engineering or science at third level and I am examining this issue. I have met many groups and certain opinions are being developed which I hope to bring shortly to the Cabinet committee on science, technology and innovation with my colleague the Minister for Education and Science. This area is vital for the future of the country. We must have students taking mathematics and science so we can produce scientists and engineers in the coming years.

I endorse Senator Cassidy's proposal that innovators need to be able to benefit from their creations and inventions. This is why our intellectual property legislation in trademarks, patents, designs and copyright exists. However, there is the challenge that inventors need to be aware of the need for this and they must take more steps to encourage people to protect their inventions. In that regard, Enterprise Ireland, IDA Ireland and Science Foundation Ireland are working together with the universities, institutes of technology, principal investigators and their staff to protect intellectual property. I pay tribute to Enterprise Ireland and its technology transfer offices, which are now located in all institutes of technology and universities to help facilitate the protection of ideas developed through our outstanding principal investigators.

It is important that young people are aware of intellectual property. In that regard, I draw attention to the fact that World Intellectual Property Day will take place on 26 April this year. The Irish Patents Office will hold an essay writing competition to encourage an interest in and awareness of invention. I look forward to other bodies following its example.

Senator Quinn raised some issues, particularly the problem associated with mathematics and science. He is correct that there is a major problem with fake goods. It is important to note that and it is vital that tough legislation in this regard is enforced by the Garda and the Customs and Excise, as is the case. In no way can we be complacent. With regard to intellectual property protection legislation and the equally important area of enforcement, our position is worth defending.

Senator Boyle rightly pointed to the strategic importance of intellectual property protection. It is true there are different views and philosophies on the balance between respecting the monopoly rights protection period and the need to promote innovation and the development of new knowledge.

Senator Glynn raised a very important issue regarding DVD and CD piracy. In recent years, entertainment industry representatives have continued to raise the extent of DVD and CD piracy in Ireland and have highlighted its cost to the sector and the viability of legitimate retail and rental outlets, which have recently experienced trading difficulties. In late 2007, the Minister for Justice, Equality and Law Reform set up an interdepartmental committee on this subject comprising representatives from several Departments, including mine. The group met industry representatives and invited submissions from the public. It held discussions concerning the issues arising and reported towards the end of last year.

In its report, it made a wide range of recommendations on operational improvements and legislative changes, which are being pursued vigorously. I have assured the industry that I intend to introduce at the earliest opportunity further provisions or refinements that are necessary and that could strengthen our copyright and casual trading legislation. While I am glad to reiterate this assurance to the Seanad, I am also pleased our ongoing contracts with the film industry have not pointed to our legislation in this field being particularly weak. The priority for action, as identified in the report to the Minister for Justice, Equality and Law Reform, was improved co-ordination in respect of enforcement, and that has been addressed.

Senator Callely stated that we have been boxing above our weight for a number of years and I agree completely. In the area of intellectual property and in life, no one person has a monopoly of wisdom and that is particularly true in the area of intellectual property. We must all work closely together and my Department and I are open to suggestions which Senators might make. We work very closely with the EU authorities in this area.

Senator Callely raised the issue of research and development, which is very important. The future of our country depends on it. This morning I was present at the launch of a programme to allocate over €25 million for five strategic research clusters at various third level institutions. It involves industry representatives, researchers and principal investigators working hand in glove to develop ideas that will, I hope, lead to the development of patented products and, ultimately, jobs.

This debate has highlighted the growing importance of intellectual property protection. Protection is just one of several policy elements in the intellectual property field, ranging from its creation to its use. Reference was made to the central role of the law and regulation in intellectual property protection and the international nature of most intellectual property rule making. There is a very important supporting role for intellectual property enforcement authorities.

Many important points were made by Senators, to which I have attempted to respond. If Senators would like to raise any particular issue, I would be more than willing to meet them. This debate has confirmed that we have a proven and well developed protection system in place. While that system of rules, together with its associated enforcement support, has evolved over the years to deal with new issues, as needed, I trust Members will agree we are in a good position as we look to the future.