In June 2022, the Government reaffirmed its intention to participate in the Unitary Patent system and the Unified Patent Court (UPC) and to hold a related referendum.
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. The timing of the Referendum is a matter for Government to decide and I anticipate a decision will be made in the coming months.
My Department’s officials are currently advancing referendum preparations. The work underway includes the drafting of the General Scheme of a Constitutional Amendment Bill with assistance from the Office of Parliamentary Counsel.
An Interdepartmental Group was convened in September to assist in advancing potential post-referendum preparations. The Government proposes to establish a local division of the UPC subject to the outcome of a Constitutional Referendum.