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ARTICLE · 07 JULY 2022

Irish UPC Referendum

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Irish government has recently announced its intention to hold a referendum in 2023 or 2024 on Ireland's participation in the UPC.

European UnionIntellectual Property
K. Victoria Barker, Ph.D.
K. Victoria Barker, Ph.D.
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The Irish government has recently announced its intention to hold a referendum in 2023 or 2024 on Ireland's participation in the UPC. Although there is concern over the proposed timeframe for holding the referendum with the Irish business and IP communities eager for the UPC to be ratified in Ireland as soon as possible, this is generally seen as a positive step.

As the UPC's exclusivity of jurisdiction in patent matters would take away from the existing full jurisdiction of the Irish courts in such matters, ratifying the UPC would involve an amendment to Ireland's constitution. The Irish Constitution can only be amended if the proposed amendment has been approved by the people of Ireland in a referendum. This gives the people of Ireland the opportunity to decide whether or not the law will change.

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