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Dáil Éireann debate -
Thursday, 12 Jan 2012

Vol. 751 No. 2

Patents (Amendment) Bill 2011: Report Stage

No amendments have been submitted for Report Stage.

Bill reported without amendment.
Question proposed: "That the Bill do now pass."

I tabled an amendment on Committee Stage, which I decided not to resubmit today. The effect of the amendment would have been to ensure that the legislation would come into effect within 12 months. While the Minister of State informed me why he preferred not to include that in the legislation, nevertheless he expressed confidence that its provisions would be in force within 12 months and I urge the Government to ensure that is the case.

I thank the Minister of State and his officials for how they have dealt with this legislation. The only downside is that because an English translation of a patent need not necessarily now be available, it will mean there is a greater challenge for Irish companies and individuals who wish to challenge a patent. Nevertheless that disadvantage is outweighed by the tremendous advantage of being able to ratify the London Agreement. It would mean less bureaucracy and less cost, and therefore a big incentive to foreign innovation in this country. From that point of view it is positive legislation and I wish it a speedy passage to enactment.

I thank Deputy O'Dea for his remarks and accept in good faith the manner in which he proposed his amendment. It is our intention to commence the Act and the new patents amendment rules 2011 by way of an order as soon after the enactment of the Patents Amendment Act 2011 as possible. I am very conscious of the points the Deputy has made in that sense.

I welcome the opportunity to bring this Bill through Report Stage in this House. The purpose of the Bill is to make the necessary changes to the Patents Act 1992 to provide for the ratification by Ireland of the London Agreement, which aims to reduce the cost to applicants of the European patent process by reducing the requirements to file translations of the granted patents under the European Patent Convention. It is a technical Bill that deletes references in the existing Act to the requirement for translations to validate a European patent in Ireland. The short Bill makes changes to the Patents Act 1992 that relate exclusively to the European Patent Convention.

In this instance it is necessary for the corresponding patent rules to be amended to bring them in line with the London Agreement. The proposed amendments to the patent rules 1992 are being drafted. It is my intention to commence the Act and the new patents amendment rules 2012 by way of an order as near to the enactment of the Patents (Amendment) Bill 2011 as possible. I thank the Deputies opposite and in particular Deputy O'Dea for their assistance in allowing us to introduce this legislation which strengthens the intellectual property infrastructure of Ireland, making Ireland a more competitive place to locate and manage intellectual property rights.

Question put and agreed to.
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