Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I am happy to hear from any Deputies indicating in this very important debate. I am pleased to present the Bill before the House today for Committee, Report and Final Stages. Addressing the Dáil last Thursday, 29 February, I was both heartened and encouraged by Deputies' unanimous support for Ireland's participation in the Unified Patent Court, UPC, and the holding of a referendum on that question, with some holding opinion on support for the referendum until the wording is published.

On all sides, various important points were raised regarding the benefits a "Yes" vote for participation in the UPC can bring. Those benefits relate to, first, the competitiveness of our small businesses, second, our overall national competitiveness and, third, how participation will enhance the science and research and development agenda. It is also clear how a "Yes" vote will benefit Europe. The unitary patent system supports the development of a single market across Europe for technology by reducing legal fragmentation and administrative burdens. In terms of exports, it will help Irish SMEs to expand trade into Europe once their product has unitary patent protection. As we know, trade is the lifeblood of our small open economy. Less red tape will make it less daunting for micro and small enterprises with no need to deal with multiple national court systems to defend and enforce their patent rights in participating member states.

The referendum, if passed, will boost Ireland's reputation as it will demonstrate to our indigenous innovators, as well as potential foreign investors, that Ireland is a world-leading intellectual property, IP, location for innovation and innovative businesses to establish operations. A first-class IP system is very important for research and development and innovation activity in our pharmaceutical sector, for example, where Ireland is the third largest exporter of pharmaceuticals globally. Ireland's life sciences sector has a global reputation for operational and innovational excellence. There are 110,000 people in Ireland working in life sciences companies supported by Enterprise Ireland and IDA Ireland. In doing so, they help to make and market the medicines and medical devices that improve and save the lives of millions of people at home and around the world. I was struck by the statements on rare diseases that preceded this debate, as well as the related comments last week by Deputy Naughten and others. Ease of access to a local court may also help to further embed the existing research and development activities of multinationals in Ireland. These activities offer good, well-paid and highly skilled jobs. We want our value proposition to remain as attractive as possible and to continue to evolve and expand our ecosystem for innovation, which includes having the most up-to-date patent protections.

As supported by Deputies last week, the broader geographic area created by the unitary patent will boost technology transfer, research and development co-operation and other types of technology-related partnerships and may benefit a variety of potential business partners and intermediaries across the European Single Market. We also may see other benefits in terms of the impact on the legal infrastructure, as participation in the unitary patent system and establishing a local court in Ireland will help to drive intellectual property skills and legal expertise in patent law here, which is important for our innovation-based economy. It may attract and generate a wider pool of professional skills and competencies in intellectual property, including legal services and patent agencies here in Ireland.

The new court system will allow for a consistency of judicial approach in patent case law. Up to now, patent holders had to take enforcement proceedings in individual countries, which can lead to inconsistent outcomes across different jurisdictions. Generating a harmonised body of case law in Europe on patent infringement and validity will significantly enhance the legal certainty and transparency of the patent system, benefitting both innovators and the public at large. It will be an additional option for our inventors and innovators. It will mean Ireland, on top of its existing system, will have a local division of the court in Ireland.

If the referendum is successful and a local court is established, it will have three judges presiding, with at least one of the three having the nationality of the member state hosting the local division. However, the parties may agree to have their case heard by just one legally qualified judge. If the referendum is not passed, our inventors and innovators will have to use the unified patent courts of other member states if they want to protect their property under the new unitary patent system. This would mean greater expense and inconvenience for them. Our colleges and enterprises have nurtured incredible innovators. We should do all we can to ensure they have the supportive ecosystem they need to thrive and succeed.

In October 2022, the administrative committee of the UPC announced the list of 85 UPC judges, comprising 34 legally qualified and 51 technically qualified judges from 13 of the 17 initial UPC participating states. Once Ireland has completed its ratification of the Agreement on a Unified Patent Court, Irish candidates will be eligible to apply to the administrative committee for positions. Deputy Stanton raised this issue last week. The court will provide Irish and Ireland-based businesses with faster adjudication timelines and significantly reduce the burden of overseas travel and associated costs for businesses involved in patent disputes.

While I strongly welcome the widespread support for the amendment within the House, I also appreciate that the subject of patents is not an emotive one. Therefore, it will be our collective responsibility to inform voters of the importance of a "Yes" vote. We will need to emphasise how the Unified Patent Court will be good for creating and retaining jobs, attracting foreign direct investment and driving the export potential among Irish enterprises. Irish participation in the new unitary patent system is critical to ensure the Irish intellectual property regime keeps pace with that of other economies and that our businesses have access to the same legal infrastructure and frameworks as their competitors in Europe.

I acknowledge the support this proposal has received not only in this House but outside it as well among the various stakeholders involved in the knowledge economy. We should do all we can to ensure this sensible and beneficial proposal is supported by the people in June. I look forward to the debate on the amendment and any additional comments Deputies may wish to make. I am very grateful to the Deputies who contributed to the debate last week, particularly those who had previously participated in the discussions at the Oireachtas committee under the chairmanship of Deputy Quinlivan. I especially thank Deputy Stanton for clarifying the correct pronunciation of "patent" on this side of the Atlantic. I ask colleagues to support the passage of the Bill. I look forward to bringing it to the Seanad in due course.

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