Oireachtas Joint and Select Committees

Wednesday, 13 July 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Unified Patent Court: Discussion

Mr. Naoise Gaffney:

I will make a statement on this and then my colleague, Mr. Sweeney, can make a comment. I will answer by way of analogy. What we are concerned with here, with regard to the UPC, is a transfer of existing judicial powers. It is not the creation of a new regime. It is just the transfer of powers from one forum to another. To the extent that the UPC can be compared to something in the sporting arena, I suggest that what we are faced with at present is the opportunity to allow the Aviva Stadium to be used on a regular basis for the Champions League. All we are talking about is the venue. Many of the other issues, especially around access to patent-free medicines, relate to the fundamental rules of the patent game. Those are about how one plays football. We are not talking about how one plays football. We are just talking about the stadium one plays in. It is a fair criticism of a different issue. I would be very careful not to conflate the two, because one has very little bearing on the other.