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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.
Benefits of the Unitary Patent and Unified Patent Court
- access to a new Unified Patent Court (UPC) with exclusive
competence to hear cases relating to the Unitary Patent and
competence to hear cases relating to traditionally validated
European patents*. This new court will enable patent rights to be
enforced across participating member states without the need to
deal with multiple national court systems.
- the ability for innovators, researchers, businesses, and SMEs
to choose to obtain patent protection in Ireland via file patent
applications as a national patent, a traditional European Patent,
or a Unitary Patent.
- access (potentially) to a Local Division hosted in Ireland. The
Unified Patent Court will comprise a court of first instance made
up of a central division (hosted in Paris and Munich) with a number
of local and regional divisions across participating member states.
If a Local Division is hosted in Ireland then Irish businesses
would be able to litigate unitary patents on Irish soil which in
turn would create a wider pool of national skills and competencies
in Intellectual Property.
*Note that during a transitional period of 7-14 years patent
owners can, if they choose, opt their traditionally validated
European patents out of the competence of the new Unified Patent
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guide to the subject matter. Specialist advice should be sought
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