Patent Legislation

Dáil Éireann Debate, Tuesday - 6 May 2014

Tuesday, 6 May 2014

Questions (214)

Andrew Doyle

Question:

214. Deputy Andrew Doyle asked the Minister for Jobs, Enterprise and Innovation the position regarding bringing forward a referendum that is required to allow for the transfer of jurisdictional powers to the Unified Patent Court; when he expects the referendum to take place; the discussions held with officials from the Department of the Environment, Community and Local Government regarding the timeframe for such a referendum; and if he will make a statement on the matter. [20241/14]

Written answers

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Sean Sherlock)

The international Agreement on the Unified Patent Court, signed in February 2013, entails the establishment of an international court that will, when operational, have exclusive competence for actions for infringement and validity in respect of European patents. As the international Agreement entails the transfer of jurisdictional powers in this area of jurisdiction away from the Irish courts, this runs counter to the provisions of the Irish constitution. Therefore, in order for Ireland to ratify the international Agreement, a constitutional referendum must be carried. The timing of a referendum will be a matter for Government to decide and my Department will engage with other relevant Departments, including the Department of the Environment, Community and Local Government in relation to the referendum process.