Dáil Éireann Debate, Tuesday - 8 February 2022
152. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Government remains committed to Ireland’s participation in the Unified Patent Court initiative which is now to commence in 2022 with or without Ireland; and if he will make a statement on the matter. [6011/22]
View answer153. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Government has been asked at European-level to clarify or has provided an update on its position on Ireland’s participation in the Unified Patent Court initiative at European Council level, to the Preparatory Committee on the Unified Patent Court or to other contracting states on a bilateral basis; and if he will make a statement on the matter. [6012/22]
View answer154. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment when Ireland will ratify the agreement on a Unified Patent Court (details supplied); and if he will make a statement on the matter. [6013/22]
View answer155. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will publish a timetable for ratification of the Agreement on a Unified Patent Court (details supplied); and if he will make a statement on the matter. [6014/22]
View answer156. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment further to the fact that a previous reply to a Parliamentary Question on this matter stated Ireland’s ratification of the Agreement on a Unified Patent Court, 2013/C 175/01 was being kept under review in the context of the timing of the coming into force of the Unified Patent Court, if this will now change given that the provisional application period has commenced, which confirmed the entry into force of the Unified Patent Court; and if he will make a statement on the matter. [6015/22]
View answerI propose to take Questions Nos. 152, 153, 154, 155 and 156 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.
The requisite number of Member States have now ratified the Unified Patent Court Agreement and the Protocol on the Provisional Application of the UPC Agreement. Accordingly, the provisional application phase of the Unified Patent Court (UPC) has begun. This will enable various final preparations to be undertaken so that the UPC can become fully operational. It is expected that the UPC will start operations in late 2022 or early 2023.
During the provisional application phase, Ireland moves to an observer status on committees such as the Administrative Committee, and the Budget Committee.
As you are aware, in order for Ireland to ratify the UPC Agreement and the Protocol, a successful constitutional referendum is required to allow for the transfer of jurisdictional powers from the Irish courts to the new international court. The timing for such a referendum is a matter for the Government.
