Vol. 556 No. 4
107 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to review and update the Copyright and Related Rights Act, 2000, in order to limit criminal liability relating to Internet use and to ensure that it is technology neutral; and if she will make a statement on the matter. [20880/02]
I agree that the Copyright and Related Rights Act, 2000, needs to be kept under review to take account of new developments in the media for the generation, storage and transmission of protected materials. I would point out, however, that in adopting technology non-specific language, and in its specific underpinning of protection for digital representations of protected materials, the Act does effectively cater for situations in which works are generated, stored or transmitted in the "new media". This approach is, in general, preferred to more technology-specific options, which, precisely because of their technology-specific nature, are likely to require more frequent updating.
Regarding a possible review of certain criminal provisions of the Act, the present provisions reflect a particular view as to the level and type of protection to which rightsholders are entitled with reference, in particular, to relevant international law (the TRIPs Agreement in particular).
As the Deputy may be aware, this issue was raised in the recent Forfás report – Legislating for Competitive Advantage in e-Business and Information and Communications Technologies. This report contained several proposals, addressed to a number of Ministers, and will require detailed examination in this context.
108 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to bring forward an electronic property Bill as suggested in the Forfás report, Legislating for Competitive Advantage in e-Business and Information and Communication Technologies; and if she will make a statement on the matter. [20883/02]
The Forfás report entitled Legislating for Competitive Advantage in eBusiness and Information and Communications Technologies which was published on 29 October 2002 contains a wide range of recommendations including that on an electronic property Bill.
109 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the current situation regarding the implementation of the EU Directive on the Legal Aspects of Electronic Commerce 2000; if legislation is required in this regard; her plans for same; and if she will make a statement on the matter. [20885/02]
Draft regulations to give effect to those provisions of the directive that still require to be transposed into law were formally notified by my Department to the European Commission in August of this year under the Standstill Procedure required for such EU legislation [as set out in Directive 98/34/EC as amended by Directive 98/48/EC]. This procedure allows the Commission and the other member states to comment on the proposed text. During the procedure period, which, in this case, ends on 8 November 2002, the draft regulations cannot be signed into law.
Question No. 110 answered with Question No. 106.
