ARTICLE · 15 JULY 2022

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Ireland To Hold Referendum Regarding UPC Participationa

Keltie LLP

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Recently the Irish government reaffirmed its commitment to participate in the European Unitary Patent system and Unified Patent Court (UPC) and to hold a referendum to enable Ireland to do so.

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The UPC is a new international court set up by the participating member states to deal with the infringement and validity of both Unitary Patents and European patents. Its rulings will apply to all member states that have ratified the UPC Agreement. The UPC will enable patent proprietors to defend or challenge a patent via a single litigation process, instead of having to take multiple actions in individual member states.

The Tánaiste of Ireland stated that ratification of the UPC Agreement will not be a standalone referendum, but will be combined with other referenda and therefore, will not be held this year. However, a constitutional referendum may be held in 2023, or run concurrently with the Local and European Elections in 2024.

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