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ARTICLE · 25 JULY 2023

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Preparations For Referendum On Unified Patent Court

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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Ten years after the Agreement on a Unified Patent Court (UPCA) was signed, the Unified Patent Court (UPC) came into force on 1 June 2023 in the seventeen EU member states that ratified the UPCA.

IrelandIntellectual Property

Ten years after the Agreement on a Unified Patent Court (UPCA) was signed, the Unified Patent Court (UPC) came into force on 1 June 2023 in the seventeen EU member states that ratified the UPCA.

Ireland is not amongst those seventeen states, and while it is a signatory to the UPCA, a referendum is required to ratify Ireland's participation.

In May, Minister for Enterprise, Trade and Employment, Simon Coveney, noted that preparatory work is underway for that referendum:

The preparatory work under way includes drafting a constitutional amendment Bill, along with a regulatory impact assessment. Amendments to the national patent legislation will also be required to recognise both the new unitary patent and the Unified Patent Court agreement. A local division of the Unified Patent Court will be created in Ireland if the State ratifies the agreement under which the court is established.

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