Billy Kelleher (Cork North Central, Fianna Fail)
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268. To ask the Minister for Jobs, Enterprise and Innovation the timeframe for holding a referendum on the implementation of the unified patent court; the impact Brexit will have on the implementation of same; if the agreement will require renegotiation; and if she will make a statement on the matter. [50085/18]

John Halligan (Waterford, Independent)
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The Programme for a Partnership Government referred to the holding of a number of referenda, including one on Ireland’s participation in the International Agreement on a Unified Patent Court (UPC). The timing of holding referenda is a matter for Government.

To come into effect, the UPC Agreement must be ratified by a minimum of 13 participating States, which must include France, Germany and the UK. To date 16 Member States, including France and the UK, have completed their ratification processes.

However, German ratification is delayed pending the outcome of a constitutional challenge.

The UK ratified the UPC Agreement earlier this year and signalled its intention to participate in the Court post-Brexit. However, at this stage such participation is uncertain.

A decision on the holding of a referendum cannot be made until there is greater clarity on the position regarding Germany and the UK.