The purpose of today's meeting is to consider a Dáil motion regarding the proposal approved by Dáil Éireann of the World Intellectual Property Organisation Copyright and Performances and Phonograms treaties of 20 December 1996. Deputy Michael Ahern, Minister of State at the Department of Enterprise, Trade and Employment, has special responsibility for trade and commerce.
I propose we first hear from the Minister of State and then take contributions from members.
I thank the committee for facilitating the matter and I will begin by giving a brief background to both treaties.
The international protection of copyright and related rights was governed principally by the 1886 Berne Convention for the Protection of Literary and Artistic Works as periodically updated and the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations. However, technological advances have affected greatly the effectiveness of these instruments in later years. It was therefore decided in the early 1990s to update them to cater for advances in digital reproduction and distribution.
The result is the WIPO copyright treaty and the WIPO performances and phonograms treaty, which were adopted by a diplomatic conference in late 1996, during Ireland's Presidency of the EU. It is not possible in the time available to go into the provisions of the treaties in any detail. In summary, the WCT and WPPT extend protection to computer programmes and databases, and they give exclusive distribution, communication and rental rights to copyright holders. They also provide for the prevention of interference with rights management information, which relates to copyright notices or warnings on CDs, DVDs and other copyrighted materials.
Although all EU member states signed the treaties between late 1996 and late 1997, it was necessary to postpone ratification to give time to bring national copyright regimes fully into line with that of the treaties. In recent months, believing member states have completed these legal changes, the European Commission and the current Finnish EU Presidency have been actively encouraging national confirmation of the completion of national procedures with a view to simultaneous ratification as soon as possible.
While the latest indications are that a few member states may not be in a position to do so until the new year, our national responsibility is to ensure Ireland is in a position at an early date to ratify both treaties. An approval in early course of these draft motions on the treaties by Dáil Éireann, followed by the signing of the appropriate instrument by the Minister for Foreign Affairs and their onward transmission to Geneva are the main remaining steps to be taken to ensure Ireland will be ready to ratify when required.
It is important for the committee to note that as a result of our Copyright and Related Rights Act 2000, Ireland has been in full compliance with all provisions of both treaties for some time. It has therefore been in a position to ratify when fellow EU member states were ready and when Government and Dáil Éireann had given approval.
The ratification of these WIPO treaties by Ireland and its EU partners will underline our having made the legal changes required to better protect the rights of copyright owners, performers and producers of recordings. The proposed ratification means the substantive obligations in the treaties have already been met in law, and in that sense it would mark the end of a process that began more than a decade ago. However, it is important that we acknowledge that formally through the proposed ratification of the relevant treaties. I commend the motion to the committee.
I welcome the provisions in the motion and the contribution of the Minister of State on extending copyright and related rights concerning performers and others in this category. We have been in full compliance on foot of the Act that was passed in the Houses in 2000. Is the Department aware of any legal battles concerning copyright that should be brought to the attention of the committee? If so, what are the issues involved? Knowledge of these issues would give us a fair idea of the legal problems associated with copyright, which were partially outlined by the Minister of State in the course of his contribution. Members are very anxious to know that the legislation passed in 2000 is sufficiently robust to deal with some of these legal issues.
I support the observations made by Deputy Hogan. This kind of development does not represent the most glamorous side of political work from a civil servant's or Minister's point of view, but it is critical if globalisation is to be consolidated and sustained. We cannot presume it will continue if we do not ensure it is properly regulated. We have very poor international instruments for regulation and do not have a process as strong as that of the European Union, which has a method of majority voting and sanctioning, and an integrated cross-referencing system that can bring participating member states to heel.
The history of copyright theft, originally by Japan and then by South Korea and, to a certain extent, China and Hong Kong, is one we ignore at our peril, particularly given the capacity of software engineers in Bangalore to operate from a country that is not yet in the WTO and flood the market with their products. I refer in particular to the IT sector, which is now burgeoning at a scale that is difficult for someone of my generation to comprehend.
We have a vested interest in this area in that innovation, promotion and software development in the Irish IT sector are of considerable significance. As our manufacturing and agricultural base shifts, we must seriously protect our interests. It is not some esoteric issue "over there" because it concerns us. The need for rules and regulations should be highlighted. If we do not have enforceable rules and regulations in a globalised world trade system, the system will simply break down. The lessons of history demonstrate what happens when it does.
On Deputy Hogan's question, there are, as far as I am aware, no ongoing copyright cases in the courts in Ireland, although there are some proceedings in this regard on the European scene.
I agree totally with Deputy Quinn on the need for proper regulation of globalisation if our economic growth and development are to continue. This is why it is vital that the WTO regulates internationally. The Deputy mentioned countries that broke all kinds of rules and regulations in the past. The effect of such behaviour on our economy would be disastrous.
That concludes the committee's consideration of the motion. The select committee is obliged to report back to the Dáil on the matter. A draft report has been circulated with blanks in respect of members who contributed and attended. Is the draft report agreed? Agreed. I thank the Minister of State and his officials for attending this meeting.
I thank Deputies Hogan, Quinn, Callanan and Ned O'Keeffe for dealing with these items so effectively and efficiently. I thank my officials for the work they did to ensure everybody was kept up to date with what was involved.
