Written answers
Thursday, 23 November 2023
Department of Enterprise, Trade and Employment
Intellectual Property
Louise O'Reilly (Dublin Fingal, Sinn Fein)
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75. To ask the Minister for Enterprise, Trade and Employment for an update on the work for a referendum on Unified Patent Court. [51440/23]
Simon Coveney (Cork South Central, Fine Gael)
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In June 2022, the Government reaffirmed its intention to participate in the Unitary Patent System and the Unified Patent Court (UPC) and to hold a related referendum. An amendment to the Constitution is required before Ireland can ratify the Agreement on the UPC (UPCA), as the Agreement entails a transfer of jurisdiction from the Irish courts to an international court.
The timing of the Referendum is a matter for Government to decide and I anticipate a decision will arise in the coming months. My Department’s officials are currently advancing referendum preparations. The work underway includes the drafting of a Constitutional Amendment Bill with assistance from the Office of Parliamentary Counsel. An Interdepartmental Group was convened in September to assist in advancing potential post-referendum preparations.
The Government proposes to establish a local division of the UPC subject to the outcome of a Constitutional Referendum.
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