Enterprise Committee recommends referendum to ratify the Unified Patent Courts Agreement

In selecting this topic, the Committee recognised the ongoing work in Europe to progress this new legal framework and we are pleased to learn the Unified Patent Court will now be established on 1 June 2023.

The purpose of the Unified Patent Court is to fundamentally reform the patent system in Europe and Ireland and to provide a legal framework. This reform consists of two pillars, i.e., the creation of a European patent with unitary effect and the establishment of the Unified Patent Court, an entirely new multinational court for pan-European patent litigation.

A single court ruling will be directly applicable in the member states that have ratified the Unified Patent Court Agreement. This will enable patent holders to enforce their rights and defend patents in one single ruling, providing a cost-effective remedy and protections.

The Committee is concerned at Ireland’s failure thus far to schedule a referendum to confer jurisdictional powers.

Ireland requires the successful passing of a constitutional referendum to ratify the Unified Patent Court Agreement, as it entails a transfer of jurisdiction in patent litigation from the Irish courts to an international court. The timing for such a referendum is a matter for the Government.

Committee Cathaoirleach Deputy Maurice Quinlivan said: “The Committee would like to thank the Department of Enterprise, Trade and Employment, Ibec, the Law Society of Ireland, and the Association of Patent and Trade Mark Attorneys for providing comprehensive submissions. All the submissions greatly assisted the Committee in its deliberations and analysis of the topic.”

“I hope this report will help inform the urgency in the timing of a referendum and I look forward to furthering engagement on the matter.”

Recommendations:  - 

The Committee was concerned at the uncertainty of a timeframe on a referendum for ratification and a timetable for the establishment of a local division. The Committee widely supported expediting the timing of a referendum on this important issue; 

The Committee recommends that preparatory plans are put in place for the establishment and hosting of a local division of the Unified Patent Court in Ireland.

Read the report in full on the Committee's webpage.