Dáil debates

Wednesday, 6 March 2024

An Bille um an Aonú Leasú is Daichead ar an mBunreacht (An Comhaontú maidir le Cúirt Aontaithe um Paitinní), 2024: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024: Committee and Remaining Stages

 

4:00 pm

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

I take Deputy Naughten's point but he can appreciate where I am bound at this stage. I fundamentally believe we will be back here in June with a clear decision because there will be a large-scale information campaign going beyond simply what is put on a ballot paper or pinned to a wall in a polling station. We all know that a lot of people, particularly in Ireland, take votes seriously. They take elections seriously. They take referendums seriously. They make it their business to inform themselves and there is a great responsibility on them.

I am concerned about Deputy Sherlock's reluctance but I welcome the statement by his party colleague, Deputy Nash, last week that the Labour Party will support this referendum. Deputy Sherlock will understand the delays beyond our control that happened in this regard. I went through them on Second Stage. Of course one reason for the delay was the UK's decision to withdraw from the European Union and, therefore, withdraw from the formulation of this court.

As it stands, if a piece of technology or a drug is developed with cross-Border co-operation, it is registered for a patent in the jurisdiction where it is registered. The patent can be registered, if it is in Northern Ireland, with the UK patents office or if it is done in this jurisdiction, it is registered with our patent office. That system will not change after this. Rather, what will happen, if we pass this referendum, is that Ireland will join 17 other EU member states where the patent will be protected. At present, that patent is not protected in those 17 EU member states. There is obviously concern about what is going on North-South but there will be no change to the status quo in that regard. I wish there was but, unfortunately, that was a decision taken by 52% of the UK population some years ago.

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