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Dáil Éireann debate -
Wednesday, 31 May 1972

Vol. 261 No. 5

Ceisteanna—Questions. Oral Answers. - EEC Patent Convention.

76.

asked the Minister for Industry and Commerce the present position of the draft convention for a European Economic Community patent; what effect its adoption will have on the Irish patent system and on the business of Irish patent agents; what negotiations have taken place between this country and the Community in connection with the matter; whether efforts have been made to locate the European Patent Office in Ireland; and, if not, why.

A second preliminary draft of the Convention for the European Patent for the Common Market was discussed with non-Governmental international organisations by the working party of experts on Community patents at a meeting in Brussels from 2nd to 5th May, 1972, at which this country was represented. It is expected that further meetings of the working party will be held and that a conference to finalise the Convention will be held late next year.

The present text of the Convention contains an article providing that the Convention shall be without prejudice to the rights of the contracting states to maintain their national laws concerning patents concurrently with the laws on Community patents. The Convention is still being negotiated and it is not possible at this stage to forecast what effect its adoption will have on the Irish patents system or on the business of Irish patent agents.

The first occasion at which this country was represented at any meeting in connection with this Convention was the Brussels meeting of May.

As to the location of the European Patent Office I should perhaps explain to the Deputy that this office will be an office which will grant European patents and not merely Community patents, and that European countries other than EEC countries would take part in its organisation. No efforts have been made to locate the European Patent Office in Ireland, because it is felt that the desirable conditions of library and research facilities, communications and staffing could not be satisfied in this country, apart from the fact that a very considerable financial investment by the Government would be necessary to make location in Ireland, as compared with location in other countries, attractive.

When the Department of Education move to Athlone there will be a vacancy.

I do not think it would be sizeable enough.

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