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Dáil Éireann debate -
Tuesday, 12 May 1998

Vol. 490 No. 7

Written Answers. - Biotechnological Inventions.

Michael Creed

Question:

108 Mr. Creed asked the Minister for Agriculture and Food the effect, if any, the introduction of the Directive on the Legal Protection of Biotechnological Inventions will have on Irish food industries for both the producers and consumers; and if he will make a statement on the matter. [11153/98]

As I indicated in my reply to a question on this topic on 23 April last, primary responsibility for this proposed directive rests with my colleague, the Tánaiste and Minister for Enterprise, Trade and Employment. The purpose of the proposal is the harmonisation of the existing laws of the member states on the legal protection of biotechnological inventions to prevent exploitation for commercial or industrial purposes by third parties. I understand that the common position adopted by the Commission and the member states to which I referred in that reply effectively and comprehensively covered all the issues debated during the first reading by the European Parliament, including ethical provisions, research exemption, ongoing review and the patentability of biological materials.

This proposal if adopted, should not, in my view, have any significant new implications for the agri-food sector. In particular and most importantly, plant and animal varieties per se and essential biological processes for the production of plants and animals may not be patented. A patent for invention does not give the holder an automatic right to use the invention, nor an exemption from the legal requirements of public health, safety, environmental protection or animal welfare. The principles of preservation of genetic diversity and compliance with certain ethical standards are also safeguarded. The patent merely entitles the holder to prohibit third parties from exploiting it for industrial or commercial purposes.

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