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Dáil Éireann debate -
Wednesday, 19 Nov 1997

Vol. 483 No. 1

Written Answers. - International Agreements.

Frances Fitzgerald

Question:

103 Ms Fitzgerald asked the Tánaiste and Minister for Enterprise, Trade and Employment the international agreements under the aegis of her Department which have not currently been signed by the State and which the State should sign or become a party to; the international organisation, if any, responsible for the agreement in each case; the date and place each agreement was adopted or opened for signature; and when it is proposed to sign each agreement or become a party to it. [19878/97]

The information requested is set out in the following table:

Agreement

Organisation responsible

Date and place adopted or open signature

When it is proposed to sign

Fourth Protocol on Basic Telecommunications Services to the GATS

World Trade Organisation

30 April 1996

The ratification procedure is currently under way in Ireland and it is intended that an instrument of acceptance of the Protocol will be lodged on behalf of Ireland with the WTO in Geneva in advance of the 1 December 1997 deadline.

Protocol relating to the Madrid Agreement concerning International Registration of Marks.

World Intellectual Property Organisation

27 June 1989 Madrid

Already signed by Ireland but not yet ratified. Ratification is dependent upon regulations to be made by the Minister under the Trade Marks Act, 1996.

The Budapest treaty on the International Recognition of the Deposit of Micro- organisms for the purpose of Patent Procedure.

World Intellectual Property Organisation.

28 April 1977 Budapest

Becoming party to the Treaty:— A Memorandum is currently being prepared for the Government seeking approval for Ireland becoming a party.

Agreement on Trade- Related aspects of Intellectual Property Rights or the “TRIPS Agreement” (concluded as part of the Agreement Establishing the World Trade Organisation)

World Trade Organisation

15 April 1994 Marrakesh

Certain amendments to existing patents and copyright legislation are required to fulfil the obligations of TRIPS. The drafting of the amending legislation is in train.

Copyright Treaty

World Intellectual Property Organisation

20 December 1996 Geneva

A Memorandum for Government is currently with the Department of Foreign Affairs requesting the signing by Ireland of these Treaties.

Performance and Phonograms Treaty

World Intellectual Property Organisation

20 December 1996 Geneva

The Treaties will be ratified by Ireland in the context of a new Copyright and Related Rights Bill which is currently being prepared by the Intellectual Property Unit in association with the Office of the Attorney General.

Berne Convention for the Protection of Literary and Artistic Works — Paris Act

World Intellectual Property Organisation

24 July 1971, amended on 2 October 1979 Geneva

It is the Government's intention to sign up this text as soon as possible. The new Copyright and Related Rights Bill will facilitate our ratification of this text of the Berne Convention.

International Labour Organisation
Of the 181 Conventions of the International Labour Organisation dating from 1919, 50 have been ratified by Ireland and are currently in force in this country. It is unlikely that the majority of the remainder will be ratified by us because they are outdated or have been superseded by more modern conventions. We are actively considering the ratificaton of a number of recent ILO conventions. It should be noted that signature, as such, does not arise in the case of ILO conventions. It is policy to ratify only those conventions which are completely in accordance with our existing legislation.
Council of Europe
Ireland signed and ratified the European Social Charter which was opened for signature on 18 October 1961 at Turin. On 14 May last, Ireland signed (without reservation as to ratification) the Protocol amending the European Social Charter, which was opened for signature by the member states of the Council of Europe signatories to the Charter, in Turin, on 21 October 1991. Ireland has not signed or ratified the 1988 Additional Protocol, the 1995 Additional Protocol to the Charter providing for a System of Collective Complaints or the revised European Social Charter (1996), because we adhere strictly to the principle that we should only sign and ratify those international instruments which are completely in accordance with our existing legislation. This has led us to adopt a very cautious approach to the question of signing and ratifying the above Protocols and revised Charter. This matter is undergoing detailed examination at present.
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