Dáil Éireann Debate, Tuesday - 16 November 2021
134. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent to which the establishment of a unified patent court here has been examined with particular reference to the innovative requirements of the manufacturing and services sectors; and if he will make a statement on the matter. [56091/21]
View answer135. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent of engagement by Government in 2021 at a European level on the unified patent court including participation at meetings of the preparatory committee of the unified patent court and developments that have taken place; and if he will make a statement on the matter. [56092/21]
View answer136. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent of engagement in 2021 between his Department and IDA Ireland, Enterprise Ireland and Science Foundation Ireland on the concept of the unified patent court and the opportunities for Ireland arising therefrom; and if he will make a statement on the matter. [56093/21]
View answer137. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the extent of engagement in 2021 between his Department and external organisations such as business and legal representative bodies on the unified patent court and the opportunities for Ireland; and if he will make a statement on the matter. [56094/21]
View answerI propose to take Questions Nos. 134 to 137, inclusive, together.
The international Agreement on the Unified Patent Court (UPCA), 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.
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. With the UK having withdrawn from the UPCA following Brexit, those three countries are now France, Germany, and Italy. To date, 16 Member States have ratified the Agreement including France and Italy.
Following the resolution of several constitutional challenges, 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 Unified Patent Court (UPC) can become fully operational.
Ireland continues to participate proactively at a European level on matters pertaining to the UPC including most recently, attending the 21st UPC Preparatory Committee, held in Luxembourg on 27 October 2021.
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.
