Oireachtas Joint and Select Committees

Wednesday, 13 July 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Unified Patent Court: Discussion

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

The proceedings of the Oireachtas committee will be conducted without the requirement for social distancing and with normal capacity in the committee rooms restored.

However, committees are encouraged to take a gradual approach to this change. Members and witnesses have the option to attend meetings in the relevant committee room or online through Microsoft Teams. All those attending in the committee room and its environs should continue to sanitise and wash their hands properly, be respectful of other people's physical space and practise good respiratory etiquette. If they have any Covid-19 symptom, no matter how mild, they should not attend in the committee room. Members and everyone else in attendance are asked to exercise personal responsibility in protecting themselves and others from the risk of contracting Covid-19. As members well know, members who wish to participate in the meeting remotely must do so from within the Leinster House complex only.

Apologies have been received from Deputy Bruton and Senators Garvey and Gavan.

The Unified Patent Court, UPC, plans provide for the introduction of an EU system of unitary patent protection and an international court in which patent litigation will be heard. The Agreement on a Unified Patent Court, UPCA, is an international agreement treaty between 24 member states of the EU, including Ireland, setting up the UPC. The UPC is an international court set up by participating EU member states to deal with the infringement and validity of unitary patents. Ireland signed the UPCA in 2013. The Attorney General has advised that a referendum is required to transfer the judicial powers from the domestic courts to the new international court. Once the UPCA has been ratified, arrangements can be made a for a local division in Ireland. The drafting of the Bill required is currently in the preliminary stages. A decision on the timing of the referendum is a matter for Government.

Today, I am pleased that we have the opportunity to consider these matters further with representatives from IBEC. I welcome Mr. Aidan Sweeney, head of enterprise and regulatory affairs; and Mr. Naoise Gaffney, chair of the IBEC corporate intellectual property, IP, group and vice president of IP at GH Research Ireland.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses as regards references that witnesses may make to another person in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected by absolute privilege pursuant to the Constitution and statute. Witnesses are again reminded of the long-standing parliamentary practice to the effect that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory of an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The opening statements have been delivered to members. To commence our consideration on this matter today, I invite Mr. Gaffney to make his opening remarks on behalf of IBEC.