Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024

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Forty-first Amendment of the Constitution of Ireland
Agreement on a Unified Patent Court

The Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 (bill no. 7 of 2024) is a proposed amendment to the Constitution of Ireland to allow the state to ratify the Agreement on a Unified Patent Court.

The Agreement on the Unified Patent Court was signed in 2013 by Ireland and 25 EU member states. The Unified Patent Court started operations in 2023 for 17 EU members. The court settles disputes regarding European patents, including European patents with unitary effect. Entry into force of the agreement for Ireland would also mean that Ireland would be covered by the European patent with unitary effect: a single patent covering 17 EU countries.

Ireland plans to establish a local division of the court of first instance in Dublin.

For Ireland to ratify the ageement, an amendment to the Constitution of Ireland will be required, which must be approved in a bill by both houses of the Oireachtas and in a referendum.[1][2] The government had stated an intention to hold the referendum on 7 June 2024, the same day as the European Parliament election and local elections.[3][4][5][6] However, in April 2024, it was reported that the government was considering not holding the referendum on that date, considering the defeat of referendums on family and care in March 2024.[7] The postponement was confirmed shortly after by Peter Burke, the Minister for Enterprise, Trade and Employment.[8]

Wording[edit]

The bill was presented by the Minister for Enterprise, Trade and Employment on 15 February 2024,[9] and was passed by the Dáil on 6 March.[10] It proposes to add the following subsection to Article 29.4:[11]

11° The State may ratify the Agreement on a Unified Patent Court done at Brussels on the 19th day of February 2013. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Agreement or prevents laws enacted, acts done or measures adopted by bodies competent under that Agreement from having the force of law in the State.

Campaign[edit]

The Electoral Commission would provide information explaining the proposed amendment and promoting voter participation.[12]

The proposal has support from the Irish Business and Employers Confederation.[13]

See also[edit]

References[edit]

  1. ^ "UPC 'single most important reform' in EU patent system". Law Society of Ireland. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  2. ^ "Irish referendum on Unified Patent Court Agreement most likely in 2024". Kluwer Patent Blog. 16 March 2023. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  3. ^ "Referendum on Unified Patent Court announced by Government". Department of Enterprise, Trade and Employment. 23 January 2023. Retrieved 25 January 2023.
  4. ^ Walsh, A. J. (28 November 2023). "Wexford Senator calls for a referendum to protect patents and intellectual property". Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  5. ^ Brennan, Michael (21 May 2023). "Referendum on patents to be held with European elections next year". Sunday Business Post. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  6. ^ Horgan-Jones, Jack (23 January 2024). "Referendum on Ireland's participation on Unified Patent Court due on same day as June elections". The Irish Times. Archived from the original on 24 January 2024. Retrieved 25 January 2024.
  7. ^ McQuinn, Cormac (11 April 2024). "Doubt over whether June referendum will go ahead amid fallout from family and care votes". The Irish Times. Retrieved 12 April 2024.
  8. ^ "Govt agrees to delay date of Patent referendum". RTÉ News. 16 April 2024. Retrieved 18 April 2024.
  9. ^ "Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024". Houses of the Oireachtas. 15 February 2024.
  10. ^ "Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024: Committee and Remaining Stages – Dáil Éireann (33rd Dáil) – Vol. 1051 No. 1". Oireachtas. 6 March 2024. Retrieved 9 March 2024.
  11. ^ "Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 (as initiated)" (PDF). Houses of the Oireachtas. 15 February 2024.
  12. ^ Dawson, Brian (8 March 2023). "Electoral Commission to Inform Public Debate and Participation in Gender Equality Referendum". Electoral Commission (Press release). Archived from the original on 14 April 2023. Retrieved 14 April 2023.
  13. ^ "Hold referendum on the Unified Patent Court in November 2023 Ibec and APTMA". Ibec. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
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