The Seanad has adopted an amendment proposed by me and I propose to recommend it to the House. Shall we take it now or on Tuesday next?
Patents Bill, 1963—From the Seanad.
Is it of much significance?
It is of some significance. It relates to section 42 of the Bill which empowers the Controller to give a licence for a patent affecting food and drugs to an applicant. The only condition obtaining in the Bill as it left the Dáil was that the patentee would get reasonable compensation. Manufacturers have since made representations to me to the effect that if they, having spent a lot of money on research on these drugs, were obliged to pass some of the benefit of the patent on the order of the Controller to a licensee, then they might lose the advantage of the amount of money they put into that research and they may not by amply compensated. This would be a deterrent to the drug industry in this country. The amendment proposes to oblige the Controller, and the court if necessary, to have regard, in the giving of licences of patents for food and drugs, to the effect those licences would have on the development of industry within the country.
Who fixes the compensation?
It is royalties as a rule. I do not know how compensation is fixed. This matter may be too complicated to ask Deputies to accept it now. I should say that when the drug manufacturers came to see the Controller and were informed of the gist of the amendment, they were satisfied.
Shall we take it on Tuesday next?
That will suit.
Ordered: That the Seanad amendment be taken on Tuesday, 16th June 1964.