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I am delighted to be here today and to have the opportunity to address your Conference. You are all familiar with the problems posed by counterfeiting. There is not only a cost to legitimate industry world-wide of billions of pounds annually - but also a danger to health and safety.

Customers are misled as to the origin and quality of products. They have no after-sales service and are exposed to health risks. Companies and individuals who own intellectual property rights lose sales, profits and income. And countries, including Ireland, suffer job losses and loss of revenue.

According to the Counterfeiting Intelligence Bureau set up by the International Chamber of Commerce, counterfeiting accounts for between 5% and 7% of world trade in value terms. The number of jobs lost through this practice is put at 100,000 per year for the European Community for the last 10 years. In the US, the estimates of job losses are even higher at 120,000 per year for the last 10 years.

At world level, the industries hardest hit include data processing, audio-visual, toys, perfumes, pharmaceuticals, clothes and shoes, clocks and watches and the motor industry.

The main intellectual property rights which are counterfeited and pirated throughout the world are trade marks and copyright and related rights.

I know that an issue of particular concern to many of you at this conference is that of copyright piracy.

Among the major contributors to the success of the Irish economy in recent years have been industries in the modern technology sector which particularly rely on effective copyright protection to secure fair returns on their investment. I am referring in particular to the computer software industry and to the entertainment industries, which include film making, sound recording, broadcasting and the music industry in general. These industries have, obviously, provided valuable employment to Irish people, and valuable financial returns to the Irish economy in general. More than that, developments in this sector have helped to define Ireland as a nation confident in its tradition of skilled craftsmanship, as much as in its participation in the high technology global economy.

Copyright piracy, whether it be of software, of database content, of video or audio recordings, or of the compositional output of writers and musicians, poses a direct threat to these national gains. Creators of works of the intellect and those who invest in developing the products of intellectual production are entitled to a fair return for their endeavour and enterprise. To deprive them of this through the unauthorised copying and distribution of their products is theft, pure and simple, and a form of theft which is particularly damaging to the future of the modern Irish economy.

The war against copyright piracy will always depend to a substantial extent on self-help measures on the part of rights-owners. Raising awareness of piracy issues must represent a major part of this self-help effort. In this context, I welcome initiatives such as the holding of this conference as part of a process which is indispensable in the effort to eliminate copyright theft.

The Government is of course determined to play its full part. Everyone here is, I am sure, aware that we intend, within weeks, to publish a new Copyright and Related Rights Bill, a working draft of which has been circulated for discussion to interested parties. This Bill will aim to achieve a thorough modernisation of Irish copyright law in the interests of copyright rightsowners and the consumers of copyright material alike. In this regard, the Bill when enacted will create a much improved environment for the fight against piracy. This will include effective regimes of remedies for copyright infringement and penalties for copyright offences and, for the first time, an effective regime to combat the bootleg copying of performances, a particularly damaging form of copyright theft.

Of course, not all aspects of the Copyright and Related Rights Bill will please all interested parties. The need to strike a proper balance between the rights of the copyright based industries and those of the community at large will, I am afraid, ensure that each side will have to show understanding of the legitimate interests of the other. Be that as it may, I would like to assure you that in bringing forward this Bill, the Government has the health of the copyright-based industries in general and the need to fight copyright piracy in particular very close to its heart.

In congratulating the organisers of this conference on their present initiative, I wish them the very best in their ongoing struggle against copyright theft as of other forms of counterfeiting, a struggle for which the Government is determined to provide strong legislative support.

In relation to trade marks, the Trade Marks Act, 1996 spells out clearly that it is an offence to fraudulently apply or use a trade mark. And it provides for fines and imprisonment in the case of those convicted of offences. In the case of a summary conviction, a person can be sent to prison for up to six months and can be fined up to £1,000. If the offence continues, there can be a fine imposed of up to £100 for every day on which the offence continues.

On the question of enforcement, I am glad to see that the key players - the Garda Siochana and Officers of the Customs and Excise - are represented here today. They have shown great dedication and skill in carrying out a difficult task and have had some notable successes in combating counterfeiting operations. In conjunction with their domestic work, they have maintained a high level of co-operation with international anti-counterfeiting agencies in uncovering serious instances of brand theft.

The international nature of offences has led to the need for, and existence of, international co-operation among enforcement agencies. Clearly, this co-operation is also required at the level of policy making. Governments acting together can tackle the problem better than acting alone.

For this reason, I have welcomed the European Commission's current Green Paper on "Combating Counterfeiting and Piracy in the Single Market". The lines of approach explored in the Green Paper concern four areas in which measures to combat the phenomenon in the European Single Market may be improved upon. These are: · Monitoring by the private sector; · the use of technical devices; · sanctions and other means of enforcing intellectual property rights; and · administrative co-operation between the competent authorities.

The purpose of this Green Paper is to allow us to assess the economic impact of counterfeiting and piracy in the Single Market, to evaluate the effectiveness of the legislation and to decide whether new initiatives are called for at European level. Any measures that might be taken do not necessarily have to be of a legislative nature but might, for instance, involve ways of improving collaboration between firms and the authorities.

The Commission's Green Paper will be on the agenda next Thursday in Brussels at the Internal Market Council. I will be there myself. The discussion will, I understand, be quite brief next Thursday. But the fact that it will be brought before Ministers will facilitate further debate in the coming weeks and months. In this respect, ideas from groups such as yourselves will certainly be welcome.

To sum up: There is a big problem with counterfeiting and piracy. Our national legislation contains offences for improper use of trade marks. Our copyright bill, which is being prepared, addresses the issue of piracy.

Enforcement agencies - the Gardai and Customs Officers - are to be congratulated on their continuing efforts. Their close co-operation with colleagues in other countries needs to be matched by continuing international collaboration among policy makers. This is currently being done at European level by way of the Commission's Green Paper. Your ideas will contribute to this process.

By talking and listening to each other we can find ways of making life harder for counterfeiters and improving the environment for legitimate business. I wish you well today and I know that you will have some fruitful discussion today.

Last modified: 26/09/2001

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