Dáil Éireann debate -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Written Answers. - International Agreements.

Ruairí Quinn

Question:

71 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the inter national 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 agree ment; if so, when; if legislation is required; and if she will make a statement on the matter. [7195/02]

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

The details are set out in the following tables:

International Multilateral Agreement	Date and Place adopted or open for signature	Organisation responsible	When it is proposed to ratify
Berne Convention for the Protection of Literary and Artistic Works (Paris Act)	Paris, 9 September, 1971	World Intellectual Property Organisation (WIPO)	Late-2002-early 2003 [The Copyright and Related Rights Act 2000 made the legislative changes required to allow ratification of the Paris Act.]
WIPO Copyright Treaty	Geneva, 20 December, 1996	World Intellectual Property Organisation (WIPO)	On a date to be agreed at EU level for coordinated ratification by the Member States.[The Copyright and Related Rights Act 2000 made the legislative changes required to allow ratification.]
WIPO Performances and Phonograms Treaty	Geneva, 20 December, 1996	World Intellectual Property Organisation (WIPO)	On a date to be agreed at EU level for co-ordinated ratification by the Member States.[The Copyright and Related Rights Act 2000 made the legislative changes required to allow ratification.]
Geneva Act of the Hague Agreement on the International Registration of Industrial Designs	Geneva, 2 July, 1999	World Intellectual Property Organisation	It is proposed to ratify this Agreement after the domestic industrial designs legislation, the Industrial Designs Act, 2001, containing the enabling provision is commenced. Ratification will be dependent upon the preparation and commencement of suitable secondary legislation, which will be completed in 2003 at the earliest. It should be noted that the Geneva Act of the Hague Agreement is not yet itself in force and is unlikely to be in force before 2003.
Patent Law Treaty	Adopted at Geneva 2 June 2000	World Intellectual Property Organisation (WIPO)	No definite date for ratification. Legislation 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 full list of the conventions concerned can be made available, if required, to the Deputy.

Ruairí Quinn

Question:

72 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. [7210/02]

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

The details are set out in the following tables:

International Multilateral Agreement	Date and Place adopted or open for signature	Organisation responsible	When it is proposed to sign
Hague Agreement Concerning the International Deposit of Industrial DesignsRevised by:London Act, 1934Hague Act, 1960Additional Act of Monaco, 1961Complementary Act of Stockholm, 1967(amended Act)	The Hague, 6 November, 19252 June 193428 November, 196018 November, 196114 July, 196728 September, 1979	World Intellectual Property Organisation	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.
Convention on Insider Trading	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 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. On the 14 December, 2001 the EU Ecofin Council reached an orientation agreement on the EU Commission proposal for a Directive on Insider Dealing (Market Manipulation), which will replace the 1989 Directive.No decision to sign or ratify the convention has been taken.
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.

With regard to the convention on insider trading, it should be noted that in July, 1989 a protocol to the Council of Europe Convention was adopted which provides that, in their mutual relations, members of the EU shall apply community rules except in so far as there are no community rules governing the particular subject concerned.

Ruairí Quinn

Question:

73 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. [7225/02]

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

The details are set out in the following table.

International Multilateral Agreement being negotiated/prepared	International Organisation	Ratification/Accession	Legislation 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.]
International instrument on the protection of the intellectual property rights of broadcasters	World Intellectual Property Organisation (WIPO)	On a date agreed at EU level for co-ordinated ratification (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 the intellectual property rights of broadcasters, and addresses many of the issues arising in the negotiation.]
Revision of European Patent Convention	European Patent Organisation	Yes – it is proposed to ratify	Yes – legislation will be required