Renewed interest in Irish UPC referendum welcomed

Ireland has already signed the Unified Patent Court Agreement, but ratification is subject to the outcome of a referendum on the subject. The government delayed plans for a referendum last year, following defeats in 2 other referenda on family and care issues.

Karen Gallagher, an intellectual property partner with Pinsent Masons in Dublin, said: “The government recognised last year that the topic of this referendum was unlikely to capture the public imagination. It took the strategic decision to delay the vote until the public could be properly informed of the reasons why they were being asked to vote yes, and the potential benefits of joining the new system.”

She added: “It is positive to see government engagement with business representative groups, as Irish businesses and inventors are best placed to explain the real economic benefits that Ireland’s ratification of the UPC agreement would bring for them.”

The Irish Times reported the country’s department of enterprise had begun approaching companies, agencies and professional bodies to get feedback on public awareness of the debate around joining the UPC, with Enterprise Ireland, foreign investment body IDA Ireland and the Association of Patent and Trade Mark Attorneys among those responding.

The government reiterated Ireland’s commitment to joining the UPC but stated that the delay was necessary to allow for better public engagement and debate on what joining the UPC would mean. 

The UPC, formed in 2023, was established to deal with the infringement and validity of unitary patents and European patents that are not otherwise opted-out of the UPC’s jurisdiction. Participation allows patent holders and those challenging patent rights to obtain a single decision on infringement or validity which will apply across all contracting member states, without the need to issue separate legal proceedings in each individual country. 

A referendum is required before Ireland can ratify the UPC Agreement because the agreement involves transfer of judicial power from Irish courts to the UPC in relation to patents falling within the system. National patents and litigation involving national patent rights are not affected.

Earlier this month Irish TD Malcolm Byrne called for the referendum to be held before next summer, saying an informed campaign to help voters understand what was at stake would help reduce the costs and burden on inventors in the country.

Meanwhile Ireland’s intellectual property office revealed that patent applications had risen in the country by almost a third in 2024 as it published its annual report. This includes applications for unitary patents from Irish applicants.

“Ireland ranked 10th in Europe for unitary patent uptake in 2024, with a 33% uptake rate,” said Hannah McLoughlin, an intellectual property expert with Pinsent Masons in Dublin.

“This is an increase from 2023 and suggests growing interest and readiness among Irish patent holders to engage with the UPC framework. Irish ratification of the UPC Agreement would further streamline access to the system for Irish inventors.”