Dáil Éireann debate -
Wednesday, 19 May 1999

Vol. 505 No. 1

Written Answers. - International Multilateral Agreements.

Ruairí Quinn

Question:

59 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the proposed international multilateral agreements under the auspices of her Department being negotiated or prepared; the international organisation, if any, in each case through whose machinery the agreement is being negotiated; if it is proposed to ratify or accede to the agreement if adopted; if so, if legislation will be required; and if she will make a statement on the matter. [13179/99]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The details are set out in the table below.

International Multilateral Agreement being negotiated / prepared	International Organisation	Ratification / Accession	Legislation Required
Patent Law Treaty	World Intellectual Property Organisation	It is proposed to ratify the Treaty	Primary Legislation will be required
Proposed new Act and Regulations of the Hague Agreement concerning the international deposit of Industrial Designs	World Intellectual Property Organisation	A Diplomatic Conference to negotiate this proposed new Act and Regulations is taking place in June/July 1999. Ireland will be attending this Conference with a view to considering the appropriateness of ratification of the new Act / Regulations if adopted.	Primary Legislation will be required

Ruairí Quinn

Question:

60 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the international multilateral agreements under the auspices of her Department which have not been signed by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was nego tiated; if it is proposed to sign the agreement; if so, when; if legislation is required; and if she will make a statement on the matter. [13194/99]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The details are set out in the following table.

International Multilateral Agreement	Date and Place adopted or open for signature	Organisation responsible	When it is proposed to sign
Berne Convention for the Protection of Literary and Artistic Works – Paris Act.	24 July 1971, amended on 2 October 1979, Geneva	World Intellectual Property Organisation	It is the Government's intention to sign up to this Convention as soon as possible, Signature will take place following the enactment of the Copyright and Related Rights Bill, 1999. This Bill was published in April 1999. It completed S Stage in the Seanad on 12 May. Enactment of the Bill is expected by end 1999.
The Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure	Adopted at Budapest, 28 April 1977	World Intellectual Property Organisation	The Budapest Treaty is no longer open to signature but is still open to accession. The Government has approved Ireland's accession to this Treaty and the Dail will be asked to pass a motion on this matter as soon as is practicable.
Trademarks Law Treaty	Adopted at Geneva on 27 October 1994	World Intellectual Property Organisation	The Trademarks Law Treaty is no longer open to signature but is still open to accession. The provisions of the Treaty are included in the Trade Marks Act, 1996. Arrangements are now being made to accede to the Treaty. It is intended that these arrangements will be completed before the end of the year.
Convention on Insider Dealing	20 April 1989 Strasbourg	Council of Europe	Designed to co-ordinate endeavours among the member states of the Council of Europe to tackle the problem of insider dealing. Part V of the Companies Act, 1990 introduced statutory provisions to tackle these problems in Ireland and in so doing implemented the EU Directive of 13 November 1989 co-ordinating regulations on insider dealing. No decision to sign or ratify has been taken.
International Multilateral Agreement	Date and Place adopted or open for signature	Organisation responsible	When it is proposed to sign
Establishment ofCompanies	1996 Strasbourg	Council of Europe	Designed to provide common rules for the treatment to be accorded to companies and other bodies of each ratifying State in the territories of the other ratifying States. While the introduction of a unified code for the treatment to be accorded to companies proposed in the Convention might have certain advantages, a substantial revision of Irish Company law would clearly be involved. The EU Programme of harmonising Company Law governing the formation and operation of limited liability companies addresses many of the areas covered by the Convention. Ireland has concentrated its resources on negotiating and implementing the relevant EU Directives and Regulations. At this point in time, it is not proposed to pursue the question of signing and ratifying this convention.

Ruairí Quinn

Question:

61 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the international multilateral agreements under the auspices of her Department which have been signed but not ratified or acceded to by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; if it is proposed to ratify or accede to the agreement; if so, when; if legislation is required; and if she will make a statement on the matter. [13209/99]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The details are set out in the following table.

International Multilateral Agreement	Date and Place adopted or open for signature	Organisation responsible	When it is proposed to ratify
WIPO Copyright Treaty	20 December 1996Geneva	World Intellectual Property Organisation	Signed by Ireland on 23 December 1997. Ratification will take place following the enactment of the Copyright and Related Rights Bill, 1999. This Bill was published in April 1999 and completed Second Stage in the Seanad on 12 May. Enactment of the Bill is expected by end 1999.
WIPO Performance and Phonograms Treaty	20 December 1996Geneva	World Intellectual Property Organisation	Signed by Ireland on 23 December 1997. Ratification will take place following the enactment of the Copyright and Related Rights Bill, 1999. (see above)
Protocol relating to the Madrid Agreement concerning International Registration of Marks	27 June 1989Madrid	World Intellectual Property Organisation	Ireland intends to ratify the Protocol before the end of 1999. Regulations will be required to bring it into operation after ratification.
Agreement relating to Community Patents	15 December 1989 Luxembourg	None	Ireland does not intend to ratify this Agreement as the EU proposes to bring forward an EU Regulation in this area.
Agreements concerning the adoption of uniform technical regulations for wheeled vehicles, equipment and parts.	20 March 1958 (amended Agreement entered into force on 16 October 1995) and 25 June 1998.	United Nations/Economic Commission for Europe	Ireland's position is being considered in the context of accession by the EU.

The information given in this reply does not include the 110 or so Conventions of the International Labour Organisation, ILO, dating from 1919, which have not been and, in the case of the great majority of them, are unlikely to be ratified by Ireland. Signature does not arise in the case of ILO Conventions. A list of conventions concerned can be made available, if required, to the Deputy.