I presume the Deputy is referring to the EU Directive on the Legal Protection of Biotechnological Inventions. This directive has been adopted by both the European Parliament and the EU Council of Ministers and entered into force on the day of its publication in the Official Journal of the European Communities, 30 July 1998. All the EU member states are required to transpose the directive into national legislation by July 2000 and my Department is currently making the necessary arrangements for transposition by that date.
The purpose of the directive is to confirm, clarify and consolidate existing patent law with regard to biotechnological inventions throughout the EU in order, inter alia, to overcome the perceived view that EU countries, including Ireland, are less favourable for developing new products using biotechnology in terms of speed, stability, transparency and profitability. The purpose of a patent system is to promote technical innovation by encouraging inventive activity through awarding inventors for their creative efforts. Thus a harmonised patent system throughout the EU in the area of biotechnological inventions should secure investment in research and development and simultaneously encourage an early and beneficial dissemination of knowledge in the biotechnology/genetic engineering industry, which is viewed as being of fundamental importance in the industrial development of the EU. An essential requirement for the patent system throughout most of the world is that the invention must be new, must be inventive and must not have been in the public domain at any time before the date on which the patent was applied for. It follows from these requirements that a patent granted for any new invention cannot be used to prevent people in developing or indeed any other countries from continuing to undertake traditional activities.
One of the main objectives of the national consultation process, initiated by my colleague the Minister for the Environment and Local Government with the issuing of a consultation paper on genetically modified organisms and the environment, in August 1998, was to stimulate an informed public debate in this area. To conclude the process, which is now at an advanced stage, the many respondents to the consultation paper have been invited to participate in a two-part debate at which key environmental issues will be identified and analysed. On foot of a report from the independent chairing panel which will manage this debate, and having regard to the written submissions already received, the Minister for the Environment and Local Government will complete a review of national environmental policy on the release of genetically modified organisms and make a statement on the matter.
