Work of the Intellectual Property Unit
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The main role of the Intellectual Property Unit is to formulate Ireland’s policy on intellectual property issues and to draft legislation that reflects developments in intellectual property practice and the obligations imposed on us through EU and international agreements. Intellectual property covers copyright and related rights, patents, trade marks and industrial designs. The Intellectual Property Unit has responsibility for liaison with the Patents Office, which is based in Kilkenny.
Information on Intellectual Property Issues currently facing the IPU, or which are likely to arise in the short to medium term, is given on this page as well as the following pages:
Further general information on copyright rights, patents, trade marks and industrial designs can be found on the Patents Office website. The Patents Office (Address: Government Buildings, Hebron Road, Kilkenny; telephone: 056 7720111) is responsible for dealing with queries relating to the granting/ registration of patents, trade marks and industrial designs.
The Patents Office is a separate public body for the purpose of the Freedom of Information Act. Requests for information on Patents Office matters should be forwarded directly to the Office.
Queries on policy matters should be directed to the Intellectual Property Unit.
General Intellectual Property Issues
The Proposed Anti-Counterfeiting Trade Agreement (ACTA)
Counterfeiting and piracy are now serious problems. An OECD report in 2007 estimated the annual loss in international trade in counterfeited physical consumer goods at 200 billion USD or 2% of world trade. The proposed ACTA agreement aims to provide stronger enforcement measures to reduce counterfeiting and piracy by filling gaps in existing multilateral agreements such as the WTO-TRIPS Agreement, improving international cooperation especially at custom borders and providing a strong legal framework for Intellectual Property protection. These aims are consistent with the EU effort to strengthen the protection of European intellectual property around the world.
In April 2008, the EU Council approved a negotiating mandate for the Commission to negotiate an international trade agreement on those aspects of ACTA where it has the competence and, since then, there have been negotiations between the parties concerned towards an agreement .
Question: Why is ACTA needed?
Answer: The proliferation of intellectual property rights (IPR) infringements poses an ever-increasing threat to the sustainable development of the world economy. The consequences of such IPR infringements include:
- depriving legitimate businesses and their workers of income;
- discouraging innovation and creativity;
- threatening consumer health and safety;
- providing an easy source of revenue for organised crime; and
- loss of tax revenue
Question: What is ACTA?
Answer: The proposed Anti-Counterfeiting Trade Agreement (ACTA) aims to establish new global standards for the enforcement of intellectual property rights (IPRs) to more effectively combat the increasing prolific trade in counterfeit and pirated goods. The proposed agreement focuses on three areas:
- increasing international cooperation between enforcement agencies and right holders;
- establishing best practices for enforcement; and
- providing a more effective legal framework to combat counterfeiting and piracy.
Question: Which countries are involved?
Answer: On 23 October 2007, the EU and other partners (United States, Canada, New Zealand, Australia, Japan, Switzerland, the Republic of Korea, Mexico, Morocco, and Singapore) announced their intention to start negotiations on ACTA.
The negotiations were finalised in November 2010 (finalised ACTA text). On 26 January 2012, Ireland signed ACTA at the Ministry of Foreign Affairs in Tokyo, alongside the EU and 22 European Member States.
Under the terms of the Treaty on the Functioning of the EU, the EU and its Member States cannot conclude the Agreement without the consent of the European Parliament. Once ACTA has been signed and the European Parliament has given its assent, the Agreement can be ratified by the EU and its member states, including Ireland. Before this occurs it will be necessary for all relevant Departments of State and for the Office of the Attorney General, to confirm that all legislative and administrative requirements are in place to enable Ireland to fulfil its obligations under the agreement.
Representation at international fora
The Intellectual Property Unit is responsible for the Irish input into Intellectual Property activities at the following organisations:
World Intellectual Property Organisation (WIPO) (based in Geneva). Its main activities are to establish international norms and standards in the field of intellectual property, especially through international treaties; to administer treaties and to provide industrial property information.
The Council of Ministers is the main decision-making body of the European Union (EU), bringing together representatives of the Member States at ministerial level. Officers of the IPU input into this process mostly through participation in Working Groups. Working Groups comprise officials of the Member States, who examine legislative proposals put forward by the Commission. While the Council of Ministers ultimately decides on the legislative measures, the main preparatory work is done by the Working Groups, with much of the detail of the proposals agreed in principle at this level.
The Office for Harmonization in the Internal Market (OHIM) (Trade Marks and Designs). OHIM is an EU office, based in Alicante, whose task is to register Community trade marks and Community designs.
The European Patent Office (EPO) The mission of the EPO is to support innovation, competitiveness and economic growth for the benefit of the citizens of Europe. Its task is to grant European patents for inventions on the basis of a centralised procedure. By filing a single application in one of the three official languages (English, French and German) it is possible to obtain patent protection in some or all of the 34 EPC contracting states.
While the work of the World Trade Organisation (WTO), which deals with the rules for trade between countries, can involve intellectual property matters, the IPU does not generally attend WTO meetings.
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Last modified: 30/01/2012
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