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Minister English welcomes enactment of the Intellectual Property (Miscellaneous Provisions) Act

The Minister for Skills, Research & Innovation, Damien English T.D. today (Wednesday) welcomed the enactment of the Intellectual Property (Miscellaneous Provisions) Act 2014 which updates some elements of patents and trademarks legislation.


This legislation will make it easier for pharma companies to develop new medicinal products in Ireland, making us more attractive for research and development investment.


07th January 2015

The Minister for Skills, Research & Innovation, Damien English T.D. today (Wednesday) welcomed the enactment of the Intellectual Property (Miscellaneous Provisions) Act 2014 which updates some elements of patents and trademarks legislation.

The legislation exempts from the realm of patent infringement acts that are carried out for purposes of clinical tests and trials to secure regulatory approval for new or generic versions of medical or veterinary products. Legitimate research and trials will now enjoy greater immunity from patent infringement proceedings, while any follow-on commercial manufacture will continue to enjoy legitimate patent protection.

The measure will benefit the pharmaceutical sector in Ireland in particular assisting in the development of new or generic versions of pharmaceutical products. The new provisions will apply to tests and trials carried out in Ireland for the purposes of getting regulatory approval of the new products anywhere in the world.

This measure was first identified in the 2012 Action Plan for Jobs and it will ensure that Ireland continues to remain an attractive base for the location of future investment by pharmaceutical companies that rely on a safe environment for the research and development of new products.

Welcoming the measure, Minister for Skills, Research and Innovation Damien English said “this Act paves the way for pharma companies in Ireland to continue to innovate and develop new and generic pharmaceutical products. It will heighten awareness of Ireland as a location that places a strategic focus on Innovation by creating the right business ecosystem for this strategically important sector to grow and develop". The Act introduces a small number of technical amendments to trademark legislation to pave the way for Ireland’s eventual ratification of an international trademark treaty known as the Singapore Treaty on the law of Trademarks.

See link to Intellectual Property (Miscellaneous Provisions) Act

http://www.irishstatutebook.ie/pdf/2014/en.act.2014.0036.pdf

Ends

For further information please contact:

Press Office, Department of Jobs, Enterprise and Innovation: 01-6312220 or press.office@djei.ie

Notes for Editors

Existing patent law already provided for a limited research exemption. However, there was an opportunity to deepen and broaden the existing research exemption to match that offered in a number of European Union Member States in order to retain competitiveness in a highly-competitive sector.

In relation to Trade Marks legislation, the Act now in force brings in some technical amendments to the law which will enable Ireland to ratify the Singapore Treaty on Law of Trademarks in due course. This Treaty reduces red tape by harmonising the administrative procedures of trade mark offices globally but does not impact on substantive trade mark law.

The Act also makes a small number of technical amendments to the Competition and Consumer Protection Act 2014.

Taken together, these legislative reforms underline Ireland’s commitment to ensuring the highest standards of intellectual property protection and fully exploit their products and services within a modern regulatory framework. The pharma sector represents a large proportion of Ireland’s exports - over €20 billion in 2013 - and these changes help safeguard existing and future investment in this sector.