The options available under the Agreement setting up the Unified Patent Court (UPC) signed in February 2013 by 25 EU Member States are: to confer jurisdiction on the central division alone, to set up a local division of the Court or, to participate in a regional division of the Court with one or more Member States.
My Department is currently examining the options for Ireland’s participation in the Unified Patent Court (UPC), and the implications of each policy option, including cost considerations arising. Key to this process is engagement with key stakeholders who are being consulted in order to better inform the policy choices to maximise Ireland’s participation in the patent court. This includes the enterprise agencies under my Department’s own remit as well as representative business organisations to ensure that the views of a broad client base will form an important part of the overall consideration of this issue.
In addition, given that responsibility overall for the administration of the Courts in Ireland comes within the remit of the Minister for Justice and Equality, contact and active engagement between my Department and the Department of Justice and Equality and the Courts Service in relation to the policy options, including cost implications, for Irish participation in the patent court is ongoing.
The outcome of this process will ultimately inform a recommendation to Government in terms of the policy option to adopt in relation to the Court and I expect to be in a position to bring this issue to Government within the next few months. This process is running in parallel with intergovernmental level negotiations among the contracting parties that signed the UPC Agreement in February 2013.
Under this intergovernmental framework, a number of working groups have been set up to establish the working methods and modalities of the Court including issues such as the legal Rules of Procedure of the Court, budget and financing of the Court, IT systems as well as the training and remuneration of Judges to be appointed to the Court. This involves a very significant agenda of work which will very likely extend into this year and possibly into the early part of 2015.
As the international agreement on the Unified Patent Court entails a transfer of jurisdiction from the Irish courts to an international court, an amendment to the Constitution, requiring the carrying of a referendum, is necessary before Ireland can ratify the Agreement. The timing of this referendum will be a matter for Government to decide.