Simon Coveney (Cork South Central, Fine Gael)
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In June 2022, the Government reaffirmed its commitment to participate in the Unitary Patent System and the Unified Patent Court, and to hold the necessary constitutional referendum to enable Ireland to do so. A local division of the Unified Patent Court will be established in Ireland if the State ratifies by constitutional referendum the International Agreement under which the Court is established. In the event of a legal dispute, businesses can defend or challenge a patent via a single litigation process in a specialised patent court rather than costly litigation for duplicate cases in individual member states.

I appreciate the examination that the Joint Committee undertook on the UPC and for its' Report which widely supported expediting the timing of a referendum on this important issue and recommended that preparatory plans are put in place for the establishment and hosting of a local division of the Unified Patent Court in Ireland.

The timing of the Referendum is a matter for Government to decide. However, my Department officials are currently advancing preparations.

In September, my Department reconvened an Interdepartmental Group to assist in advancing preparations for a referendum.

Officials are currently working on the draft Constitutional amendments with assistance from the Office of Parliamentary Counsel and are finalising a Regulatory Impact Assessment on the establishment of the specialised Unified Patent Court in Ireland.

A Communications Campaign is also being devised which will be key to raising awareness with the electorate to ensure they understand this important reform. A yes vote will bring significant reductions in costs and administrative burdens for patent protection for researchers, inventors and businesses, particularly for the microenterprise and SME sector.

The Government sees many benefits in establishing a local division of the Court in Ireland. It will offer users an accessible, cost-effective, and more efficient option for broad patent protection and dispute settlement across Europe. It will enhance the Irish intellectual property regime and legal infrastructure. It will reduce waiting times for cases to be heard. Furthermore, it will enhance Ireland’s attractiveness for foreign investment, demonstrating that Ireland is an intellectual property friendly location for innovative business and high-tech industry. It will also be a catalyst to build specialist skills and expertise in intellectual property including legal services and patent agencies.