Wednesday, 7 May 2014
Department of Jobs, Enterprise and Innovation
Unified Patent Court
113. To ask the Minister for Jobs, Enterprise and Innovation the position regarding jurisdictional powers to the Unified Patent Court: if he considers it necessary to hold a referendum to allow for the transfer of jurisdictional powers to the Unified Patent Court; and if he will make a statement on the matter. [20536/14]
The international Agreement on the Unified Patent Court, signed in February 2013, entails the establishment of an international court that will, when operational, have exclusive competence for actions for infringement and validity in respect of European patents. As the international Agreement entails the transfer of jurisdictional powers in this area of jurisdiction away from the Irish courts, this runs counter to the provisions of the Irish constitution. Therefore, in order for Ireland to ratify the international Agreement, a constitutional referendum must be carried. The timing of a referendum will be a matter for Government to decide.