Parliamentary Question addressed to the Minister for Jobs, Enterprise and Innovation

Reply:

The international Agreement on a Unified Patent Court was signed by twenty-five EU Member States in February of this year during the Ireland’s EU Presidency. It will provide the enforcement element of the so-called ‘Patents Package’ which includes the Unitary Patent, ensuring that this single patent for the twenty-five participating Member States can be enforced or challenged in a single court action, rather than in multiple actions in national courts.

 

The structure of the Unified Patent Court includes a Central Division that will be centred in Paris with branches in Munich and London, each catering for different competencies.   In addition, Local and Regional Divisions of the Court will also be established as appropriate.  

 

My Department is currently examining the potential options for Ireland’s participation in the Unified Patent Court.   The options are to confer jurisdiction on the central division in Paris alone, to set up a local division of the Court or, to participate in a regional division of the Court with one or more Member States.

 

Of course all of these options must be fully considered, including cost considerations, in order for Government to decide what is the most efficient and effective means of Ireland’s participation in the Unified Patent Court.   In this context, my officials are currently consulting with key stakeholders to ensure that all of the policy choices are well informed.

 

As the international agreement on the Unified Patent Court entails a transfer of jurisdiction from an Irish court to an international court, an amendment to the Constitution, requiring the carrying of a referendum, is necessary before Ireland can ratify the Agreement.   The Taoiseach has previously indicated that this referendum will take place in 2014.