Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 explained

Forty-first Amendment of the Constitution of Ireland
Agreement on a Unified Patent Court
Country:Ireland

The Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 (bill no. 7 of 2024) is a proposed amendment to the Constitution of Ireland to allow the state to ratify the Agreement on a Unified Patent Court.

The Agreement on the Unified Patent Court was signed in 2013 by Ireland and 25 EU member states. The Unified Patent Court started operations in 2023 for 17 EU members. The court settles disputes regarding European patents, including European patents with unitary effect. Entry into force of the agreement for Ireland would also mean that Ireland would be covered by the European patent with unitary effect: a single patent covering 17 EU countries.

Ireland plans to establish a local division of the court of first instance in Dublin.

For Ireland to ratify the agreement, an amendment to the Constitution of Ireland will be required, which must be approved in a bill by both houses of the Oireachtas and in a referendum.[1] [2] The government had stated an intention to hold the referendum on 7 June 2024, the same day as the European Parliament election and local elections.[3] [4] [5] [6] However, in April 2024, it was reported that the government was considering not holding the referendum on that date, considering the defeat of referendums on family and care in March 2024.[7] The postponement was confirmed shortly after by Peter Burke, the Minister for Enterprise, Trade and Employment.[8]

Wording

The bill was presented by the Minister for Enterprise, Trade and Employment on 15 February 2024,[9] and was passed by the Dáil on 6 March.[10] It proposes to add the following subsection to Article 29.4:[11]

Campaign

The Electoral Commission would provide information explaining the proposed amendment and promoting voter participation.[12]

The proposal has support from the Irish Business and Employers Confederation.[13]

See also

Notes and References

  1. Web site: UPC 'single most important reform' in EU patent system . . 5 December 2023 . 5 December 2023 . https://web.archive.org/web/20231205140722/https://www.lawsociety.ie/gazette/top-stories/2023/april/upc-single-most-important-reform-in-eu-patent-system . live .
  2. Web site: 16 March 2023 . Irish referendum on Unified Patent Court Agreement most likely in 2024 . Kluwer Patent Blog . 5 December 2023 . 5 December 2023 . https://web.archive.org/web/20231205145025/https://patentblog.kluweriplaw.com/2023/03/16/irish-referendum-on-unified-patent-court-agreement-most-likely-in-2024/ . live .
  3. Web site: Referendum on Unified Patent Court announced by Government . . 25 January 2023 . 23 January 2023.
  4. Web site: Walsh . A. J. . 28 November 2023 . Wexford Senator calls for a referendum to protect patents and intellectual property . 5 December 2023 . 5 December 2023 . https://web.archive.org/web/20231205140722/https://www.southeastradio.ie/wexford-senator-calls-for-a-referendum-to-protect-patents-and-intellectual-property/ . live .
  5. News: Brennan . Michael . 21 May 2023 . Referendum on patents to be held with European elections next year . . 5 December 2023 . 5 December 2023 . https://web.archive.org/web/20231205172652/https://www.businesspost.ie/article/referendum-on-patents-to-be-held-with-european-elections-next-year/ . live .
  6. News: Horgan-Jones . Jack . Referendum on Ireland's participation on Unified Patent Court due on same day as June elections . 25 January 2024 . . 23 January 2024 . 24 January 2024 . https://web.archive.org/web/20240124025216/https://www.irishtimes.com/business/2024/01/23/referendum-on-irelands-participation-on-unified-patent-court-due-on-same-day-as-june-elections/ . live .
  7. News: McQuinn . Cormac . Doubt over whether June referendum will go ahead amid fallout from family and care votes . 12 April 2024 . . 11 April 2024.
  8. News: Govt agrees to delay date of Patent referendum . 18 April 2024 . . 16 April 2024.
  9. Web site: Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 . Houses of the Oireachtas . 15 February 2024.
  10. Web site: 6 March 2024 . Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024: Committee and Remaining Stages – Dáil Éireann (33rd Dáil) – Vol. 1051 No. 1 . 9 March 2024 . Oireachtas.
  11. Web site: Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 (as initiated) . Houses of the Oireachtas . 15 February 2024.
  12. Electoral Commission to Inform Public Debate and Participation in Gender Equality Referendum . 8 March 2023 . Dawson . Brian . 14 April 2023 . . 14 April 2023 . https://web.archive.org/web/20230414204743/https://www.electoralcommission.ie/electoral-commission-to-inform-public-debate-and-participation-in-gender-equality-referendum/ . live .
  13. Web site: Hold referendum on the Unified Patent Court in November 2023 Ibec and APTMA . . 5 December 2023 . 5 December 2023 . https://web.archive.org/web/20231205171314/https://www.ibec.ie/connect-and-learn/media/2023/03/14/hold-referendum-on-the-unified-patent-court-in-november-2023-ibec-and-aptma . live .

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