Dáil Éireann Debate, Thursday - 4 July 2013
137. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation if he will outline the details of the International Treaty on Intellectual Property that was signed on 28 June 2013 in Marrakesh, Morocco, under the Irish Presidency of the Council of the EU; if the treaty requires ratification here through primary legislation; and if he will make a statement on the matter. [32658/13]
View answerThe Treaty entitled the “Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired or otherwise print disabled” was adopted on 28 June 2013 at Marrakesh. The objective of the Treaty is to improve access for the blind, visually impaired, and print disabled to published works in formats such as braille, large print text and audio books.
It provides also for the exchange of accessible format works across borders by organizations that serve people who are blind, visually impaired, and print disabled. When the Treaty comes into effect, it will harmonize limitations and exceptions that apply in the contracting states so that these organizations can operate across borders. This sharing of works in accessible formats should increase the overall number of works available to persons in need of the works in accessible formats. For instance, instead of five countries producing accessible versions of the same work, it would be possible for the five countries to instead produce an accessible version of a different work, which could then be shared with each of the other countries.
The treaty is also designed to provide assurances to authors and publishers that the system will not expose their published works to misuse or distribution to anyone other than the intended beneficiaries. It therefore reiterates the requirement that the cross-border sharing of works created, based on limitations and exceptions, must be limited to certain special cases which do not conflict with the normal exploitation of the work and do not unreasonable prejudice the legitimate interests of the rightholder.
The Treaty will be open for signature at the headquarters of WIPO by any eligible party for one year after its adoption. It will enter into force after it has been ratified by twenty WIPO contracting States. Ratification of the Treaty will require contracting parties to adopt national law provisions that permit the reproduction, distribution and making available of published works in accessible formats through limitations and exceptions to the rights of copyright Rightholders.
The text of the Treaty can be found at the following link: http://www.wipo.int/edocs/mdocs/diplconf/en/vip_dc/vip_dc_8.pdf
Ireland signed the Final Act of the Treaty on 28 June 2013 in Marrakesh but not the Treaty itself in line with normal protocol which requires Government approval of international Treaties to allow for signature. Thereafter, and prior to any decision to seek Government approval to ratify the Treaty, a detailed examination of the final text adopted and of the relevant Irish law, will be undertaken. It is the case that as it stands Ireland already has an exception in its national copyright law that allows for the adaptation of books into formats that are easier to use for visually impaired persons. These formats include braille and audio files adapted for the visually impaired.
