Oireachtas Joint and Select Committees

Wednesday, 10 May 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Engagement with the Department of Enterprise, Trade and Employment

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

It is very important. The new EU unitary patents system will enable uniform patent protection across all participating EU member states by way of a single patent application and will provide a centralised platform for Europe-wide patents litigation before the Unified Patent Court. My Department's officials are advancing preparations for the constitutional referendum on the agreement on the court, which, if voted for, will enable the transfer of jurisdictional power from Irish courts to the new international court. The date for the referendum is obviously a matter for the Government to decide. It has not been decided yet. It is likely that it will be on the day of the European and local elections next year. We could hold it in the autumn as there is a good chance that we will have another referendum in the autumn. It is really a judgment call as to whether we should have several referendums together. On the Unified Patent Court referendum, it is important to have all-party agreement on what we are trying to do. This is a much more important issue than many might think in terms of Ireland's place in the EU Single Market and how we protect patents for innovators and Irish companies that seek to develop products and want protection for them. It is a very important issue for Ireland.

Being outside the system would be very problematic for us. We have a big job to explain to the public what we are trying to do here. I will certainly be appealing to Opposition parties to help us to do this, thus ensuring the issue will not become unnecessarily politicised in an unhelpful way. I will be happy to talk on a future date about how we might proceed together make this important change. As members know, whenever there is a substantial change at EU level that involves treaty change or whatever, we have to have a referendum here. I am very comfortable doing that but just want to ensure that, when we hold the referendum, there will be a decent lead-in time and the people will know what they are voting on. In this way, we can get it passed. The matter is important and industry in Ireland will watch this closely. When we hold the referendum is really a political judgment call. We could be ready for the autumn if we wanted but it is probably more likely that we will hold the referendum with the European elections.

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