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Dáil Éireann debate -
Tuesday, 3 Oct 2000

Vol. 523 No. 1

Written Answers. - International Agreements.

Ruairí Quinn

Question:

181 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 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. [19540/00]

International MultilateralAgreement being negotiated/prepared

International Organisation

Ratification/Accession

Legislation Required

Revision of European Patent Convention.

European Patent Organisation

Yes – it is proposed to ratify

Yes – legislation will be required

International instrument on the protection of audiovisual performances.

World Intellectual Property Organisation (WIPO)

On a date agreed at EU level for co-ordinated ratification by the member states (assuming that an instrument is successfully negotiated).

Will depend on the outcome of negotiations, and of examination of that outcome at EU level.[Note: The Copyright and Related Rights Act, 2000 makes detailed provision for the protection of audiovisual performances, and addresses many of the issues arising in this negotiation.]

Ruairí Quinn

Question:

182 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 through whose machinery the agreement was negotiated; 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. [19555/00]

International MultilateralAgreement

Date and Place adopted or open for signature

Organisationresponsible

When it is proposed to sign

Revised EuropeanSocial Charterof the Council of Europe

3 May 1996, Strasbourg

Council of Europe

In the near future. Legislation is not required.

Hague AgreementConcerning theInternational Depositof IndustrialDesigns

The Hague,6 November, 1925

World IntellectualPropertyOrganisation

It is not proposed to sign any of these Acts of the Hague Agreement because Ireland has signed and proposes to ratify the new Geneva Act of the Hague Agreement which was adopted on 2 July, 1999.

Revised by:

London Act, 1934

2 June 1934

Hague Act, 1960

28 November, 1960

Additional Act ofMonaco, 1961

18 November, 196114 July 1967

Complementary Act ofStockholm, 1967 (amendedAct)

28 September, 1979

Convention on Insider Trading

20 April, 1989Strasbourg

Council of Europe

Designed to co-ordinate endeavours among the member states of the Council of Europe to tackle the problem of insider trading. 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 the convention has been taken.

International MultilateralAgreement

Date and Place adoptedor open for signature

Organisationresponsible

When it is proposed to sign

Establishment of Companies

1966 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:

183 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 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. [19570/00]

International MultilateralAgreement

Date and Place adopted or open for signature

Organisationresponsible

When it is proposed to ratify

Geneva Act of the Hague Agreement on the International Registration of Industrial Designs

2 July 1999 Geneva

World IntellectualPropertyOrganisation

After enactment and implementation of the Industrial Designs Bill, 2000. At this stage, ratification is likely to take place in 2002.

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

Adopted at Madrid on 27 June 1989.

World IntellectualPropertyOrganisation

As early as possible in 2001 – contingent on the administrative facilities being in place in the Patents Office to deal with Madrid Protocol applications.It will be implemented by secondary legislation.

Patent Law Treaty

Adopted at Geneva 2June 2000.

World IntellectualPropertyOrganisation

No definite date for ratification. Legislation not required.

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

Paris, 9 September1971

World IntellectualPropertyOrganisation(WIPO)

First half of 2001, following commencement of the Copyright and and Related Rights Act, 2000.[Note: Commencement of the Copyright and Related Rights Act, 2000 is a precondition for ratification. It is intended to commence the Act before end-2000.]

WIPO Copyright Treaty

Geneva, 20 December1996.

World IntellectualPropertyOrganisation(WIPO)

On a date to be agreed at EU level for coordinated ratification by the member states.[Note: Commencement of the Copyright and Related Rights Act, 2000 is a precondition for ratification.]

International MultilateralAgreement

Date and Place adoptedor open for signature

Organisationresponsible

When it is proposed to sign

WIPO Performances and Phonograms Treaty

Geneva, 20 December1996

World IntellectualPropertyOrganisation(WIPO)

On a date to be agreed at EU level for coordinated ratification by the member states.[Note: Commencement of the Copyright and Related Rights Act, 2000 is a precondition for ratification.]

Agreement establishing the Advisory Centre on World Trade Organisation Law.

1 December 1999,Seattle, USA.

World TradeOrganisation

By 31 October 2000.Legislation is not required.

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.
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