Written answers

Tuesday, 21 March 2023

Department of Enterprise, Trade and Employment

Referendum Campaigns

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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145. To ask the Minister for Enterprise, Trade and Employment when it is intended to hold the referendum on the Unified Patent Court Agreement; and if he will make a statement on the matter. [13184/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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In June 2022, the Government reaffirmed its commitment to participate in the European Unitary Patent System and the Unified Patent Court. The new system will enable uniform patent protection across all participating EU Member States by way of a single patent application and provide a centralised platform for Europe-wide patent litigation before the Unified Patent Court.

The Unitary Patent System will offer inventors, entrepreneurs, researchers and businesses a new level of protection and significant cash savings. It will cost less than €4,700 to maintain a Unitary Patent for an average lifetime of ten years, down from about €30,000 today, if validated in the 25 participating Member States. There will be just one renewal fee payment compared to multiple renewal fees in the different Member States. The simplified and much cheaper system of patent protection will make it easier for Irish businesses to export to a greater number of EU countries, confident in their protection.

In the event of a legal dispute, businesses can defend or challenge a patent via a single litigation process rather than costly litigation in individual member states. The court will also bring consistency in approach which should result in greater predictability in outcomes.

It will safeguard intellectual property and the related jobs in future-oriented industries, and it enhances Ireland's position as a high-tech economy.

My Department officials are currently advancing preparations for the constitutional referendum on the Agreement on a Unified Patent Court which will enable the transfer of jurisdictional powers from Irish Courts to the new International Court.

A date for the referendum is a matter for the Government to decide.

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