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. The establishment of a consultative group of key external stakeholders to support the work of a referendum is not considered advisable therefore my Department will not be establishing such a group. 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.