All Things Newz
Law \ Legal

Ireland To Hold Referendum Regarding UPC Participationa – Patent


To print this article, all you need is to be registered or login on

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

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Intellectual Property from Ireland

AI Inventorship In The UK – Consultation Says “No”

Boult Wade Tennant

Just as the days (in the UK at least) start getting shorter the UK government has published its response following the consultation on changes to UK patent law to recognise Artificial Intelligence (AI) inventors.

Damages – No Turning Back

Marks & Clerk

The winner in an intellectual property infringement action will normally ask the court for an injunction to restrain further infringement, and will also ask for an order for procedures to …


Source link

Related posts

Banking & Fintech Newsletter – Issue 35 – Financial Services

Mediating Divorce Relocation: A Path Worth Considering – Divorce

The Principle Of Equivalence In Public Tenders: The Interested Party Has The Burden To Prove It And The Contracting Authority Has The Obligation To Evaluate It. – Government Contracts, Procurement & PPP