The referendum for the Unified Patent Court (UPC) that was scheduled for June has been clouded with uncertainties due to the recent failed referendums concerning family and care. Reports suggest that the government might postpone the ballot, and a final determination on the matter is expected next week. Influences from the previous unsuccessful referendums appear to have affected the decision-making process regarding the UPC vote which was aimed for June 7th, coinciding the local and European elections. Sources depict a lack of eagerness and somewhat hesitance to hold the referendum in June due to last March’s referendum results. As per a government insider, a decision regarding the execution of the UPC referendum hasn’t yet been finalised, and the necessary legislation hasn’t passed the Oireachtas. The legislation is presently in the Seanad committee phase. The Cabinet’s decision on conducting the June referendum is expected by next week.
The UPC’s purpose is to serve as the central point for litigation on patents with binding decisions on all participating EU member states. If the referendum passes, Ireland’s patents will be valid in the 17 EU member nations that are part of the UPC system. Various business parties and sectors such as pharmaceuticals have long been advocating for this shift.
In 2013, an agreement was signed by Ireland that allowed for the UPC’s establishment between contracting states. However, a constitutional amendment is required since it involves transferring jurisdiction in patent litigation from the Irish courts to an international court.
Peter Burke, the recently appointed Enterprise Minister, will present a memo to the government concerning “the next steps” as informed by his department, which will depict the government’s stance. Fianna Fáil senator, Malcolm Byrne stated that joining the European unified patents system is in the best interests of Ireland as it will simplify the process of securing and protecting inventions for Irish inventors.
“This is an unequivocal referendum solely focusing on the decision to adopt a European patent system with a dedicated court for resolving disputes. It is strictly related to patent matters, nothing else. The exclusion of Ireland from this would be detrimental to both Irish businesses and inventors.
The matter isn’t fuelled by emotions,” he continued, “but rather a clear-cut question of whether we should enter into the European patent system or refrain from doing so.
The purpose is to facilitate Irish inventors, businesses, or university spin-outs who have invented products by ensuring an easier way to get their products recognised and protected. This is the core purpose of the patent courts system.”
In regards to it possibly being delayed, Mr Byrne admitted that he would feel “let down” and added, “It would not speak well of the new government if they decide to tread this path.”