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Seanad Éireann debate -
Wednesday, 17 Dec 1947

Vol. 34 No. 19

Industrial and Commercial Property (Protection) (Neuchatel Agreement) Bill, 1947—Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

I do not think that this Bill will cause the Seanad any difficulty. It is probably known to Senators that the laws relating to the protection of patents, designs and trademarks, provide for certain periods of time in which certain things must be done or fees paid in order to maintain the protection of the law. If these things are not done, the rights enjoyed under the law become void. During the war, because of the interruption of normal life caused by the war, a number of owners of patents, designs and trademarks, were unable to fulfil the requirements of the law in order to maintain their industrial property. The same thing happened after the first world war and there was then an international agreement to remedy that situation. Similarly, after the late war, there was a meeting of the International Union, summoned by the Government of Switzerland, which prepared an agreement providing for the extension of periods of time in which rights could be restored, which agreement was ratified by 24 countries which attended the conference, by two other countries since and which is likely to be ratified by more.

The purpose of this Bill is to give effect to that agreement in our law. It is desirable that it should be passed in this session because the date to which certain periods of time are to be extended is the 30th of June next. Clearly it is desirable to give ample facilities to those who desire to take advantage of this Bill to restore their rights. The sole purpose of the Bill is to give effect to the Neuchatel Agreement.

I agree with the Bill since it ratifies an agreement as the Minister has stated. I think that when we send people to negotiate an agreement and when the Government is convinced that it is a good agreement, there is no alternative to ratifying it.

May I ask whether Irish nationals are concerned in this agreement?

Irish nationals and foreign nationals. We of course confer rights only in Ireland. An Irish national having a trademark or a patent in a foreign country would have to get the protection of the law in the country in which he desired to exercise that right. A foreigner getting such rights here would get them under our law. It is because there is a reciprocal grant of rights that the matter is settled by an international agreement.

I suspected that was the answer but I want to get it on the record, whether the persons likely to be concerned or the organisation of persons likely to be concerned in this country have been consulted in relation to the convention?

I do not think there is an organisation of persons in the sense that I understand Senator Duffy has used the word. Full publicity was given to the holding of this international convention and to the fact that we were sending a delegation to it. I am sure those who attended the convention were fully aware of every aspect of the questions in relation to Irish interests that might develop.

Question agreed to.

Agreed: To take the Committee Stage to-day.

Bill passed through Committee without amendment, and reported.
Agreed: To take the Fourth Stage to-day.
Question—"That the Bill be received for final consideration"—agreed to.
Agreed: To take the Fifth Stage to-day.
Question—"That the Bill do now pass"—agreed to.
Ordered: That the Bill be returned to the Dáil.
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