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Intellectual Property

Dáil Éireann Debate, Thursday - 9 September 2021

Thursday, 9 September 2021

Questions (23, 24, 25, 26)

Neale Richmond

Question:

23. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if he has a draft timetable for full preparations up to and including the necessary referendum on the European Unified Patent Court system which Ireland signed up to and is now expected to be operational in 2022; and if he will make a statement on the matter. [42435/21]

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Neale Richmond

Question:

24. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the preparations to host an Irish local division of the Unified Patent Court; and if he will make a statement on the matter. [42436/21]

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Neale Richmond

Question:

25. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if there are plans in place to develop a strategy to market the Irish local division of the Unified Patent Court internationally to ensure it is successful and delivers on its full economic potential; and if he will make a statement on the matter. [42437/21]

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Neale Richmond

Question:

26. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if he is considering making a bid to host the central division of the Unified Patent Court system given that the UK’s withdrawal from the agreement means that the central division court destined for London will have to find a new home (details supplied); if there have been discussions with the enterprise agencies on this issue; and if he will make a statement on the matter. [42438/21]

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Written answers

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.

Question No. 24 answered with Question No. 23.
Question No. 25 answered with Question No. 23.
Question No. 26 answered with Question No. 23.
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