Ireland confirms UPC vote delay but remains ‘laser-focused’ on membership
Government says membership is ‘essential’ but more time is needed for public discourse and engagement | If it joins, Ireland would be the only native English-speaking country in the court.
Ireland has officially postponed its planned referendum on whether the country should join the Unified Patent Court (UPC), following widespread expectations that a delay would be announced.
Earlier this month, Taoiseach (Prime Minister), Simon Harris said that preparations for a referendum would be “rushed” if a vote were to take place on June 7.
The Minister for Enterprise, Trade and Employment Peter Burke yesterday confirmed that the government had officially deferred the date for the referendum for the ratification of the agreement on a UPC, which was due to be held in early summer to coincide with the European and local elections.
While the minister said that he remained wholly committed to Ireland participating in the UPC, he added that the decision had been prompted by concerns that “considered debate about the new court would be in danger of being lost among the other issues that will dominate the campaigns over the coming seven weeks”.
Ireland urged: ‘Don’t miss a trick’
The official confirmation will come as a disappointment—if not a surprise— to many Irish proponents of the UPC.
Speaking to WIPR earlier this year, Naoise Gaffney, vice president, IP at GH Research; professor of patent law at Trinity College Dublin; and chair of the corporate IP group at business group IBEC outlined the many benefits of Ireland’s membership of the new court.
Crucially, if it joins, Ireland would be the only native English-speaking country in the court in the wake of Brexit, as well as the only country with a common-law tradition participating in the UPC.
Gaffney said: “What we've seen so far in the UPC is that most cases are taking place, not just in Germany, but in Munich. I think that was to be expected and I don't think that will change.
“But it will be a shame if the UPC just turns into a carbon copy of the German system, because Germany already has a very healthy and well-functioning IP enforcement regime.”
He believes that Ireland has the ability to offer “more than just the German system with a couple of tweaks”.
“If Ireland says yes, it genuinely has the opportunity to deliver the UPC that was originally envisaged. If we can't offer much more than a different geographical scope, then I think we miss a trick.”
Ireland’s membership is ‘essential’
In a published statement, Minister Burke said:
“While the government continues to believe that joining the UPC is essential and that the referendum should be pursued, it is clear to me that more time is needed for public discourse and engagement on the matter to help inform the debate.”
The June elections, he continued, will give rise to diverse issues and campaigns involving local and European candidates, which may crowd out a debate on the court.
“Feedback suggests that many people are unfamiliar with the Patent Court and there is not a significant level of awareness among the electorate ahead of the proposed referendum.”
He added that the government required more time to “have a broader discussion around the importance of Unitary Patents, the jurisdictional matters relating to the court, and the economic benefits that joining the UPC would bring.”
Burke concluded that he “remained laser-focused” on supporting SMEs and the wider business sector and is currently working with officials and partners in government to see how best we can use “all the levers available to us to target this support” ahead of any referendum on UPC membership.
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