Maurice Quinlivan (Limerick City, Sinn Fein)
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40. To ask the Minister for Enterprise, Trade and Employment if his Department has considered the introduction of the unified patent court; if plans are being made on holding a referendum on its introduction; and if he will make a statement on the matter. [53827/22]

Leo Varadkar (Dublin West, Fine Gael)
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As the Deputy may be aware, in June 2022 I brought a Memo to Government to reaffirm the Government’s commitment to participating in the Unitary Patent and the Unitary Patent Court (UPC) and to raise awareness of the Government decision of 2014. Subsequently I issued a press release reaffirming the Government’s commitment to participate in both the Unitary Patent and UPC, and to hold the necessary constitutional referendum to enable Ireland to do so.

The Government decision of July 2014 provided for the establishment of a local division in Ireland, subject to the successful passing of a constitutional referendum. A local division hosted in Ireland would provide Irish businesses with the facility to litigate on Irish soil and create a wider pool of national skills and competences in Intellectual Property including, for example, legal services, and patent agencies.

Although the timing for this referendum is a matter for Government to decide, it is anticipated that the referendum will be in 2023 or early 2024. This referendum will be held in tandem with either another referendum or other elections to facilitate voter turnout and to reduce costs to the taxpayer.

Until such time as a referendum on the matter is held and won here, Ireland will not be participating in the UPC. Irish citizens and businesses will still, however, be able to apply for a Unitary Patent which will be valid in those Member States that have ratified the Unified Patent Court Agreement. Similarly, Irish citizens will be able to defend their Unitary Patent or contest another Unitary Patent before the Unified Patent Court. National patent holders will still be able to litigate in their national courts, including in Ireland.