Trevor Sargent (Dublin North, Green Party)
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Question 44: To ask the Minister for Enterprise, Trade and Employment the representations his Department has made under trade related aspects of intellectual property rights to improve access to patented medicines for poor countries. [11375/06]

Michael Ahern (Cork East, Fianna Fail)
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Improved access to medicines is a matter which has been considered and discussed by World Trade Organisation, WTO, members in Geneva in the context of the agreement on trade related aspects of intellectual property rights, known as the TRIPs agreement.

Multilateral trade policy, in the context of the formulation and development of the common commercial policy of the European Union, is a Community competence and not solely a national competence. In this regard, the European Communities and member states have played a very active role in the adoption of the WTO General Council decision of 30 August 2003, which by waiving WTO members' obligations under Article 31(f) of the TRIPs agreement, allows members to grant compulsory licences for the production and sale of patented pharmaceutical products intended for export to third countries with insufficient or no manufacturing capacity in the pharmaceutical sector. The waiver is a temporary measure and, in December 2005, the WTO General Council adopted a decision on a permanent amendment to Article 31 of the TRIPs agreement which has been submitted to WTO members for acceptance.

The EU is currently at the final stages of adopting a draft regulation transposing the temporary waiver into Community law. This will ensure that the right conditions are put in place, in the EU, to allow the system set up by the WTO decision of August 2003 to operate efficiently. Ireland has fully supported the above approach and is seeking the earliest adoption of the regulation.

Damien English (Meath, Fine Gael)
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Question 45: To ask the Minister for Enterprise, Trade and Employment if he is satisfied that current legislation allows for adequate protection and exploitation of intellectual property; and if he will make a statement on the matter. [11346/06]

Michael Ahern (Cork East, Fianna Fail)
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The current body of Irish legislation in the intellectual property field provides a comprehensive legal framework for the protection and exploitation of such property. However, the field of intellectual property is constantly evolving in response to advances in technology and other developments internationally. My Department is therefore fully alert to the need to keep the present legislation under review and to bring forward proposals for necessary change.

In that context, I confirm my intention to progress primary legislation in this area aimed at maintaining an optimal legal environment for intellectual property. The Patents Amendment Bill 1999 will be taken on Committee Stage in the near future. This Bill has evolved considerably since its publication in response to international developments. It aims to update the Patents Act 1992 to bring our legislation more fully in line with the agreement on the trade related aspects of intellectual property rights, TRIPs agreement, and to give effect to revisions to the European Patent Convention and to the signature by Ireland of the Patent Law Treaty concluded under the auspices of the World Intellectual Property Organisation.

Later this year, I aim to publish an intellectual property miscellaneous provisions Bill intended to transpose several EU directives into Irish law. These include the artists' resale right directive, the introduction of a public lending royalty and provisions needed to support the transposition of a directive on the civil enforcement of intellectual property rights.