Dáil Éireann Debate, Wednesday - 10 November 2021
50. Deputy Sean Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment when it is expected to complete the ratification of the Unified Patent Court Agreement; and if he will make a statement on the matter. [54826/21]
View answerThe international Agreement on the Unified Patent Court (UPCA), signed in February 2013, entails the establishment of the Unified Patent Court (UPC), an international court that will when operational, have exclusive competence for actions for infringement and validity in respect of European patents.
To enter into force, the UPCA must be ratified by 13 Member States including the three largest contracting states (by number of European patents). Originally, these were France, Germany, and the UK. The UK announced in February 2020 that following Brexit, it would not be participating in the UPCA. With the UK having withdrawn, those three countries are now France, Germany, and Italy. To date, 16 Member States have ratified the Agreement including France and Italy.
Several constitutional challenges had significantly delayed the German ratification, but they have now been resolved, and Germany has now passed the legislation enabling it to ratify the UPCA. Germany has also ratified the Protocol on Provisional Application (PPA). One further participating Member State is required to ratify the Protocol, so that it may enter into force and mark the start of the provisional application period (PAP). This will enable various final preparations to be undertaken so that the UPC can become fully operational.
In order for Ireland to ratify the UPCA, a successful Constitutional referendum will be required to allow for the transfer of jurisdictional powers from our Courts to the new international Court.
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. The timing of a referendum will be a matter for Government to decide.
