Düsseldorf, April 26, 2024 – Whether or not Ireland will join the Unified Patent Court (UPC) remains uncertain. According to a report in Irish Legal News, a referendum to decide on this issue, which was due to be held on June 7 to coincide with the European and Local elections, will not take place.
The decision to defer the date for the UPC referendum follows the government’s defeat in the March referendums on family and care issues, both of which were rejected by a majority. Minister for Enterprise, Trade and Employment Peter Burke said, according to Irish Legal News, that there is not a significant level of awareness among the Irish electorate for the new patent system and more time is needed for public discourse. Ireland joining the UPC would require, among other things, an amendment of the constitution to transfer jurisdiction from the Irish courts to an international court.
Cohausz & Florack (C&F) is disappointed by the Irish government’s decision to postpone the referendum: “Since its launch in June 2023, the UPC has proven to be a promising system that ensures the uniform protection of ideas and the quality of patents across the EU. The unitary patent currently covers 300 million people in the participating EU member states. Adding an important EU member like Ireland, with its 5 million citizens, to the UPC would certainly be good for the UPC and above all would boost the spirit of innovation in many companies active throughout Europe,” says Gottfried Schüll, patent attorney and partner at C&F.
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