In June 2022, the Government reaffirmed its commitment to participate in the Unitary Patent System and the Unified Patent Court (UPC), and to hold the necessary constitutional referendum to enable Ireland to do so.
An amendment to the Constitution is required before Ireland can ratify the Agreement on the UPC (UPCA), as the Agreement entails a transfer of jurisdiction from the Irish courts to an international court. Article 29 of the Constitution concerns itself with Ireland’s International Relations, including other agreements such as the Rome Statute on the International Criminal Court and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. Should the Referendum pass successfully, it is proposed to amend Article 29 by inserting a new section referring to the UPCA.
The General Scheme of the Bill to amend the Constitution has previously been approved by Government and a preliminary draft of the Bill is complete. Further progression of the Bill before the Houses to publication stage has implications for the overall timing of the Referendum, and therefore the Department has not yet sought Government approval to proceed with the Bill. The timing of this Referendum will be a matter for Government to decide.
If Ireland successfully completes its ratification of the UPCA, Irish applicants will be eligible to apply for positions as judges within the Court system. Any decision regarding progressing these matters can only be pursued consequent to the final referendum result.
