Written answers

Wednesday, 23 January 2013

Department of Jobs, Enterprise and Innovation

Intellectual Property

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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To ask the Minister for Jobs, Enterprise and Innovation his actions to date and future plans in tackling digital piracy; and if he will make a statement on the matter. [54531/12]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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To ask the Minister for Jobs, Enterprise and Innovation his actions to date and his future plans to tackle digital piracy; and if he will make a statement on the matter. [55491/12]

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I propose to take Questions Nos. 133 and 134 together.

An effective intellectual property system should provide a legislative and regulatory framework that affords an appropriate level of protection to Right Holders that incentivises creativity and innovation and enables Right Holders to obtain fair economic reward from their investment in Intellectual Property be that from patents, trademarks or copyright and related works. Moreover, Right Holders need to be assured that where IP rights are infringed or subject to unauthorised attack, remedial action and mechanisms for redress are available to protect those Rights. Ireland is generally regarded as having an effective IP system that provides comfort on both those fronts.

With regard to enforcement which lies at the heart of the Deputy’s question, Ireland has implemented fully the 2004 EU Directive on the Enforcement of Intellectual Property Rights (2004/48/EC). The European Commission is currently reviewing this Directive and we will consider any follow-up proposals that the Commission may bring forward as a result of this review. The provisions of this Directive complemented existing provisions of domestic patent, trademark and copyright legislation which set a high standard in terms of enforcement measures and remedial action that Right Holders can avail of.

As regards digital piracy in particular, the Copyright and Related Rights Act, 2000 governs the protection of copyright and provides for rights and remedies against those who engage in such activities. Where it has been found necessary to strengthen legislation in this area, appropriate action to ensure that digital piracy can be effectively tackled has been taken. Specifically, in the context of the European Union (Copyright and Related Rights) Regulations 2012 which were signed into law in February 2012, these Regulations clarified beyond doubt the position that a court injunction could be sought and granted against intermediaries whose services were being used by a third party to infringe a copyright or related right. I can assure the Deputy that my Department keeps under active and ongoing review, measures that may be necessary to maintain an effective IP system to ensure that Ireland’s legislation in this area is fully fit for purpose.

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