Eoghan Murphy (Dublin South East, Fine Gael)
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295. To ask the Minister for Jobs, Enterprise and Innovation if he is satisfied as to the protection of intellectual property patent and copyright law (details supplied). [26088/15]

Damien English (Meath West, Fine Gael)
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The question which the Deputy has put down, supported by accompanying documentation, relates to the ability to enforce Intellectual Property Rights in Ireland. This issue has been brought to the Minister’s direct attention and, given that the matter raised involves legal considerations, has also been the subject of advice from the office of the Attorney General.

The documentation refers to the Directive on Enforcement of Intellectual Property Rights – Directive 2004/48/EC – and specifically to Articles 2 and 3 and Recital 17 thereof which, it is claimed, Ireland has failed to implement. These Articles require EU Member States to provide for measures, procedures and remedies to ensure enforcement of intellectual property rights. The measures must be fair and equitable, not unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delay. In Ireland, the requirements under Articles 2 and 3 of the Enforcement Directive are covered by the general jurisdictional powers of the Courts and did not necessitate any specific legislative measures in Irish law.

Ireland transposed the EU Enforcement Directive in 2006 through Regulations made under the European Communities Act, 1972 entitled European Communities (Enforcement of Intellectual Property Rights) Regulation 2006 - S.I. no. 360 of 2006. In the usual manner, the transposition process was completed in conjunction with advice and guidance from the Attorney General’s office. When the Regulations transposing the Directive were effected, the Department notified these to the EU Commission in compliance with the procedures operated by the Commission for notification Ireland’s national measure implementing the Directive. Subsequently, the EU Commission examined the transposition of the Enforcement Directive in all Member States and published a Report in 2010 analysing the transposition and implementation of the Directive in all EU Member States. In its Report the Commission did not raise any issues in relation to Ireland’s transposition and implementation of the Directive.

At the heart of the complaint outlined in the documentation is the claim that enforcement of Intellectual Property rights in Ireland is very difficult because it is not possible for small firms to bring low value cases (under €15k) to court without solicitors and barristers and the associated costs which that entails.

The Deputy should be aware that the Enforcement Directive does not contain provisions dealing with the question of whether individuals, or companies, must be represented by lawyers having a right of audience when they bring proceedings to enforce their intellectual property rights. It is the case that, at present, under Irish law, the general rule is that a company must be represented in litigation before the District Court by a lawyer with a right of audience. Of course, this issue applies across the board to all cases that are litigated before the District Court and is much wider than intellectual property law.

I can assure the Deputy that I do not take lightly the matters raised in the documentation in terms of costs associated with accessing justice before the Courts, particularly for low-value claims of the nature contained in the documentation. The Deputy will appreciate that in general, the issue of the jurisdiction of the courts and of costs associated with litigation are not aspects that come within my Department’s direct responsibility. Nonetheless, I have directed my officials to pursue the issue with officials in the relevant Department to examine options to improve the situation as it impacts on the area of intellectual property for which I have responsibility. You will be aware also of the current passage through the Houses of the Oireachtas of the Legal Services Regulation Bill under the steerage of the Minister for Justice and Equality which is pertinent also in this area. The Bill seeks to bring about a reduction in legal professional fees which has been widely advocated. Further cost reductions in these fees will assist companies taking legal actions before the Courts to invigilate their rights.

Separately, I understand that the issue of legal representation before the District Court is an issue that has been drawn to the attention of the Company Law Review Group.