I move that the Bill be now read a Second Time. The purpose of the Bill is to amend our existing law relating to industrial property and copyright in order to bring our legislation into conformity with three international conventions. None of the amendments affects the basic principles of our law in these matters which is embodied in the Acts of 1927 and 1929.
The three conventions to be implemented are:—
(1) the revised Industrial Property Convention signed at London in 1934,
(2) the revised Berne Copyright Convention signed at Brussels in 1948, and
(3) the Universal Copyright Convention signed at Geneva in 1952.
The delay in implementing the London convention arose because it was considered at the time that a number of other amendments to our law concerning patents and trade marks might be necessary. Examination of this question was impeded by the war after which it became clear that the conventions relating to copyright were likely to be revised by later conventions. There were two subsequent conventions and it was considered that implementation of the three conventions would be conveniently embodied in a single statute for the purpose.
As regards the first convention the object of the international convention for the Protection of Industrial Property is to develop and unify the laws and practices of member countries in relation to the protection of industrial property and to secure the grant of reciprocal rights between member states. The convention was revised at the London Conference of 1934 which was attended by a delegation from this country. The convention is a worldwide organisation embracing some 43 member states. It is administrated by the International Union for the Protection of Industrial Property, a body with headquarters in Berne, which is concerned with patents, trade marks and designs.
Under our existing law every application for a patent, except those made under the international convention, must contain the name of the true and first inventor but the true and first inventor is not mentioned in the patent. Section 2 of the Bill provides, in accordance with the revised convention, for the mention, on his request, of the name of the true and first inventor in the patent granted for an invention.
Section 4 extends to aircraft and land vehicles temporarily imported into the State the immunity from action for infringement of patent rights now enjoyed by certain foreign vessels in respect of inventions used in the machinery or appliances connected with the vessel.
Sections 5 and 6 relate to designs. It will be no longer necessary for an article to which a registered design is applied to bear a prescribed mark to denote that the design is registered; and the registration of a design will not in future be cancelled merely on the grounds that it is not being utilised industrially in this country.
Section 7 grants applicants for patents under the convention the same rights to a single patent for cognate inventions as are at present accorded to non-convention applications.
Many of the amendments required to implement the conventions involve mere changes in procedure or in the periods of time in which certain things are to be done. Examples of this kind of amendment are the provision to prevent abuse of monopoly rights in Section 3, the international arrangements connected with applications for patents, and for registration of designs or of trade marks in Section 7.
The subject of copyright is dealt with by two of the international conventions already mentioned. The first, the International Convention for the Protection of Literary and Artistic Works, was revised in Brussels in 1948. This convention, which is commonly called the Berne Copyright Convention, provides for reciprocal rights between countries of the so-called Berne Union. The main principle laid down is that a work first published in any country which is a member of the union is accorded the same protection in each of the other countries of the union as if it were first published in each of these countries. The union embraces some 50 States throughout the world but does not include the United States or any of the countries of the Pan-American Union.
The second convention relating to copyright is the Universal Copyright Convention, which was the outcome of a world inter-governmental conference at Geneva in 1952 and was the culmination of action by U.N.E.S.C.O. begun in 1947. It marked the first occasion in which the United States and the other countries of the Pan-American Union entered into an agreement with the countries of the Berne Union in the matter of copyright. Because of the many interests covered by this convention the measure of agreement embodied in it is necessarily restricted to basic principles.
Fundamental changes are not necessary to bring our legislation into conformity with these two conventions.
Implementation of the Brussels revision of the Berne Convention is effected by Sections 9, 10 and 12 of the Bill. Section 156 of the 1927 Act provides that any time after the expiration of 25 years from the death of the author of a published work reproduction of the work is permitted, provided the publisher pays the copyright owner 10 per cent. royalties. This provision conflicts with the Brussels revision and its repeal is necessary in order to enable this country to accede to the convention. Section 9 of the Bill accordingly grants absolute protection for the full agreed term of copyright, i.e., the author's or artist's lifetime and 50 years after his death. In the case of works of joint authorship, Section 10 extends the period of copyright to 50 years after the death of the author who dies last in lieu of the existing provision of 50 years after the death of the author who dies first. Section 12 in effect extends copyright protection to all cinematographic works; and also alters the definition of "simultaneous publication" in the 1927 Act from within 14 days to within 30 days.
Sections 8, 11 and 13 of the Bill arise out of the Universal Copyright Convention. Section 8 provides that copyright in a protected work shall, as regards translation into the Irish language, cease to exist at the expiration of seven years from the first publication of the work instead of ten years as at present, unless the author has the work translated into Irish in the meantime. Section 11 enables the Government to protect by Order the work of a national of a contracting State first published in a non-contracting State. Section 13 provides protection for the unpublished and published works of the United Nations, its organs and specialised agencies, and the Organisation of American States, and empowers the Government to extend copyright protection to such other international organisations as they may think fit and specify by Order.
Implementation of the convention will not involve any additional costs of administration. I recommend the principle of the Bill for approval by the House.
