I propose to take Questions Nos. 23 to 26, inclusive, together.
To enter into force, the Agreement on a Unified Patent Court (UPCA) must be ratified by 13 Member States (MS) including the three largest contracting states (by number of European patents). Originally, these were France, Germany, and the UK. The UK, which had ratified in April 2018, announced in February 2020 following Brexit, that it would not be participating in the UPCA. This led to a revision of the three contracting states to France, Germany, and Italy. To date, 16 Member States have ratified the Agreement including France and Italy. Germany has yet to ratify the Agreement. In addition, with the withdrawal of the UK, two further MS have to ratify it before the Unified Patent Court can come into force.
Ireland would have to hold a successful referendum before ratifying the Agreement. A decision on the holding of a referendum on this issue will be kept under review in the context of the timing of the coming into force of the UPC. Consideration of issues in relation to the potential location of local and central divisions of the UPC in Ireland would have to await the outcome of any referendum.