Written answers

Tuesday, 24 June 2014

Department of Jobs, Enterprise and Innovation

Patent Legislation

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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252. To ask the Minister for Jobs, Enterprise and Innovation when the recommendation of the interdepartmental group led by his Department on the issue of whether to host a local division of the unified patent court will be considered; the impact analysis his Department has conducted if the decision is not to host a local division here, particularly on Ireland's intellectual property, IP, ranking and the way it might have an impact on a future referendum result; if his attention has been drawn to the fact that uncertainty over the decision to opt for a local division is causing concern amongst the IP sector here and beyond; and if he will make a statement on the matter. [27012/14]

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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The international Agreement on a Unified Patent Court (UPC), 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 the new European unitary patent. My Department chairs an inter-Departmental Committee with relevant Departments of State to inform the policy choice in relation to Ireland’s participation in the international Court, when it is established. Given that responsibility overall for the administration of the Courts in Ireland comes within the remit of the Minister for Justice and Equality, there has been and will continue to be active engagement between my Department and the Department of Justice and Equality and the Courts Service on this issue.

Moreover, in order to better inform the policy choices in relation to Ireland’s participation in the patent Court, my Department has undertaken a consultation with a broad stakeholder base, including industry representative bodies and the enterprise agencies under this Department, to help inform consideration of this issue. A number of responses to the consultation point to the potential benefits of locating a local instance Court in Ireland, not least in terms of building the perception of Ireland as a knowledge economy given the importance of research and innovation activities and to contribute towards improving the attractiveness of Ireland as a location for investment leading to economic growth and increased employment. It is expected that this matter will be brought to Government before the summer recess.

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