Written answers

Tuesday, 22 October 2013

Department of Jobs, Enterprise and Innovation

Patent Legislation

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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216. To ask the Minister for Jobs, Enterprise and Innovation when it is envisaged that the referendum to ratify the EU agreement setting up the Unified Patent Court will be held; and if he will make a statement on the matter. [44099/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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My Department is currently examining the potential options for Ireland’s participation in the Unified Patent Court and the implications of each policy option. When all of these options, including cost considerations, have been fully considered, the matter will be presented to Government for consideration and decision as to the most efficient and effective means for Ireland to participate in the Court. This process is running in parallel with intergovernmental level negotiations among the contracting parties that signed the UPC Agreement in February of this year.

Under this intergovernmental framework, a number of working groups have been set up to establish the working methods and modalities of the Court including issues such as the legal Rules of Procedure of the Court, budget and financing of the Court, IT systems as well as the training and remuneration of Judges to be appointed to the Court. This involves a very significant agenda of work which will better inform Ireland’s options as to our participation in the Court.

Therefore, the timing of the referendum will, in the first instance, be predicated on the pace of progress made in the intergovernmental negotiations during 2014. It will then be a matter for Government to decide on the precise date of any referendum and of course, this may also be influenced by the extent to which there are other issues or aspects of the Constitution that require a decision of the people.

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