Robert Dowds (Dublin Mid West, Labour)
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Question 269: To ask the Minister for Jobs, Enterprise and Innovation if estimates were prepared by him on the potential financial and employment impact which SI No. 59/2012 would have on the Irish creative arts business; if so, if he will provide those estimates; and if he will make a statement on the matter. [16346/12]

Seán Sherlock (Cork East, Labour)
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As the Deputy is aware, Regulatory Impact Analysis (RIA) is a tool used by Government Departments and Offices for the structured exploration of different options to address particular policy issues and it is used where one or more of these options is new regulation or a regulatory change. This process helps to identify any possible side effects or hidden costs associated with new regulation and to quantify the likely costs of compliance on the individual citizen or business. The European Union (Copyright and Related Rights) Regulations 2012 (i.e. S.I. No. 59 of 2012) was enacted to ensure the return to the legal position that was considered to pertain, in relation to injunctions against intermediaries, prior to a High Court judgment in the case of EMI Ireland & others versus UPC in October 2010. This judgment also stated that Ireland was not in compliance with its EU obligations under Copyright Directive 2001/29/EC. It is important to note that there was no policy or regulatory change put forward in this Statutory Instrument as it had been the intention of the Copyright and Related Rights Act 2000 to provide such civil remedies and it had been assumed that such was the case up to the aforementioned High Court judgment. The purpose of the Statutory Instrument was not to implement new EU legislation but rather it has been introduced to merely restate the position that was thought to exist within the copyright legislation prior to Justice Charleton's judgement here and in all EU Member States.

Robert Dowds (Dublin Mid West, Labour)
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Question 270: To ask the Minister for Jobs, Enterprise and Innovation if his staff were aware of United States of America special report 301, which is an annual review of the global state of intellectual property rights protection and enforcement, conducted by the Office of the United States Trade Representative pursuant to Section 182 of the US Trade Act of 1974, as amended by the US Omnibus Trade and Competitiveness Act of 1988 and the US Uruguay Round Agreements Act, enacted in 1994; and if so, the conclusions that were drawn by his staff from the content of this report. [16347/12]

Seán Sherlock (Cork East, Labour)
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I wish to inform the Deputy that the staff at the Department of Jobs, Enterprise and Innovation are aware of the United States of America special report 301, which is an annual review of the global state of intellectual property rights protection and enforcement, conducted by the Office of the United States Trade Representative.

As you are aware, counterfeiting and piracy are now serious problems which undermine legitimate trade and the sustainable development of the world economy. The growth of illegal trade requires international cooperation regarding tackling this serious development.

The Department of Jobs, Enterprise and Innovation is also fully aware of the current trends in the infringement of intellectual property rights and to that end is currently involved in a number of initiatives to strengthen intellectual property rights protection and enforcement, both at EU level and international level.

The Department participates in the European Observatory on Infringements of Intellectual Property Rights and is currently involved in a number of EU legislative proposals in this area such as:

· the Regulation of the European Parliament and of the Council on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Infringements of Intellectual Property Rights;

· the review of the Enforcement Directive 2004/48/EC; and

· the Proposal for a Regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights .