The government has agreed to hold a referendum on Ireland’s participation in the Unified Patent Court, a decade-long awaited referendum.
Voting will take place on the same day as local and European elections in June this year.
In 2013, Ireland signed an agreement between the contracting states providing for the establishment of a court, but Article 29 needs to be amended as jurisdiction for patent litigation will be transferred from Irish courts to international courts.
The court aims to provide a one-stop shop for patent litigation, where decisions are binding on participating EU member states.
The move has long been called for by business groups and individual sectors of the economy, such as the pharmaceutical trade.
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Employers’ group Ibec welcomed the announcement in a statement, saying Ireland’s participation in the deal, if ratified, would bring “significant benefits to Irish businesses”.
Aidan Sweeney, Head of Corporate and Regulatory Affairs at Ivec, said Ireland’s participation would support “growth in patent-intensive sectors, improved innovation performance, scaling up indigenous and founder-led companies, and new inward investment. It helps the competition.”
He said that a conservative estimate of the value of participation in the patent court system amounts to 1.663 billion euros per year. “Ireland is in a unique position to establish itself on the international stage as a hotspot for patent enforcement. “The benefits will be greater than the expected benefits,” he said, adding that there was a “clear business case” for participation.
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Cabinet agreed to fast-track drafting of the bill, which was submitted to government by Enterprise Minister Simon Coveney on Tuesday. The government said in a statement that if the proposal were passed, Ireland would have a local division of the court, which would “bring a number of benefits to business”.
Fianna Fail senator Malcolm Byrne said the yes vote was “hugely important” given the role of intellectual property (IP) in the economy.
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“The importance of a ‘yes’ vote in the referendum should not be underestimated. National companies also play an important role in our economy,” he said.
“As it stands, Irish patents are only valid in Ireland. A ‘yes’ vote would mean Irish patents would be valid in 17 of the 27 EU member states that have signed up to date. This eliminates the need for companies, investors, and content creators to deal with multiple national courts to enforce patent rights, providing a single, harmonized IP system with fewer red tape and lower costs. This makes Ireland more accessible. All over Europe. ”
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