Mr Tom Kitt, T.D., Minister for Labour, Trade and Consumer Affairs, today (Friday 9th April 1999) published the Copyright and Related Rights Bill, 1999. The Bill, which is designed to effect a total reform of Irish copyright law, is being introduced in the Seanad. "In spite of the complexity of the Bill, and of the heavy pressure on parliamentary time at present, the Government intends to do all in its power to see the Copyright and Related Rights Bill, 1999 enacted at the earliest possible date," said Minister Kitt.

The publication of this Bill marks another major step in the Government's programme of copyright law reform, following on the enactment of the Intellectual Property (Miscellaneous Provisions) Act, 1998 (which substantially increased penalties for criminal offences in the copyright field, as well as revising the burden of evidence in favour of plaintiff rightsholders in civil actions for breach of copyright), and the circulation of the present Bill as a Working Draft for discussion in July, 1998.

"I would like in particular to express my thanks to those interested parties and groups who responded to the Government's invitation for submissions on the Working Draft of the Bill. These submissions have proved very valuable in the process of developing and refining the draft Bill," Minister Kitt said.

The Copyright and Related Rights Bill, 1999 is the result of the first comprehensive review of Irish copyright law since the enactment of the Copyright Act, 1963. The Bill, the Minister said, "is one of the longest and most complex non-consolidation Bills ever to have been brought before the Oireachtas," and is designed to achieve the following objectives:

• to put in place a modern, effective, technology-neutral regime of statutory protection for copyright and related rights.
• to transpose into Irish law a number of European Union Directives in the field of copyright and related rights.
• to bring Irish law into conformity with all obligations incurred under international law on copyright and related rights, in particular, under the Berne Convention (Paris Act), the Rome Convention, the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement, the World Intellectual Property Organisation (WIPO) Copyright Treaty, 1996 and WIPO Performances and Phonograms Treaty, 1996.

Minister Kitt pointed in particular to the regime of remedies for civil breach of copyright and related rights contained in the Bill. "Success in the war against copyright piracy will always depend to a substantial extent on self-help measures on the part of rightsowners. The Government intends to play its full part in assisting this self-help, by putting in place highly effective remedies for copyright and related rights infringement which will not only compensate rightsowners for their losses as a result of such infringements, but also act as a serious deterrent to those contemplating misappropriating the intellectual property rights of others".

The civil remedies regime will be supported by a regime of penalties for criminal offences in relation to copyright and related rights fully proportionate to the seriousness of such offences in the context of the modern economy.

The Minister also referred in particular to the provisions of the Bill in relation to performers' rights and rights in performances (exclusive recording rights), which introduce a comprehensive regime of civil rights in the area of performances into Irish law for the first time. These provisions include effective measures to combat the bootleg copying of performances (that is, piracy based on direct illicit recordings of performances), a form of intellectual property theft which is particularly damaging to performers and those holding exclusive recording rights. "These measures will bring the protection of rights in performances in Ireland up to the best international standards," the Minister said.

Minister Kitt went on to say that "copyright and related rights protect a wide range of intellectual property, ranging from conventional books and sound recordings to computer programs and databases. The importance of reform of the law in this area to the Irish economy in the information age cannot be overstated."

The Minister also stated that "the continued health of our information-based industries, as well as our vibrant cultural sector, depends on the putting in place of a modern, efficient and effective regime of copyright law which will encourage investment in intellectual capital for the benefit of the community as a whole. I look forward to bringing this crucial proposal before the Oireachtas, and seeing into place a state-of-the-art system of protection for copyright and related rights to serve Ireland at the opening of the 21st century."