There have been tentative moves to revive the delayed referendum on Ireland’s participation in the European Union’s Unified Patent Court (UPC), with the Government seeking views of business groups on the timing of a rescheduled vote.
The referendum on Ireland joining the 18 other EU member states that have signed up to the UPC system was originally pencilled in for June 2024 on the same day as the local and European elections.
However, the holding of the UPC referendum was thrown into doubt amid the fallout from the defeat of the family and care referendums three months earlier. Soon afterwards the then-government announced it would be deferring the vote.
Peter Burke, then minister for enterprise, said at the time: “While the government continues to believe that joining the UPC is essential and that the referendum should be pursued, it is clear to me that more time is needed for public discourse and engagement on the matter to help inform the debate.”
RM Block
The UPC is designed to provide a one-stop shop court for litigation on patents. The court’s decisions will be binding on participating EU member states.
Ireland joining in the UPC has been long called for by business groups and sectors such as the pharmaceutical industry.
The Department of Enterprise has contacted business organisations and government departments about the referendum.
Records released under the Freedom of Information Act include a letter from senior Department of Enterprise official John Newham to the American Chamber of Commerce Ireland (AmCham).
The March 28th letter set out how the legislation on the UPC referendum was pending committee and final stages in the Seanad.
Mr Newham, the assistant secretary general, wrote that “once the legislative process has been concluded an order setting a date for the referendum will issue”.
He wrote that the timing of any further advancement of the Bill would be subject to a decision by Government and it would decide a referendum date “in due course”.
He noted the last government “had concluded that a broader public conversation” on the UPC “was essential before a referendum was held” and he sought feedback “in order to assess if sufficient engagement is being held on the matter”.
Mr Newham asked for information on “any initiatives undertaken or planned to assist public understanding of this critical issue”. He also sought “views on the appropriate timing of a referendum”.
Enterprise Ireland, IDA Ireland and Research Ireland were among government agencies contacted by the department as it sought feedback on public awareness of the UPC referendum.
The Department of Enterprise confirmed that other organisations contacted included Chambers Ireland, Ibec, the Irish Congress of Trade Unions and BioPharmaChem Ireland, all of which, like AmCham sent responses.
AmCham, which represents US companies in Ireland, responded on April 30th, saying: “It is of the utmost importance that an informed discussion occurs to generate public engagement with the topic.”
It said it would work with its members to advance discussion and consideration of the UPC.
AmCham said a member survey from 2024 showed that 41 per cent of respondents supported Ireland joining the UPC and 58 per cent were neutral on the matter.
The organisation said it would be holding a webinar “outlining the impact for Ireland, with key expert and member perspectives” and it would also be developing a fact sheet on the UPC for dissemination among members.
In response to queries AmCham told The Irish Times: “While we continue to work with members on this topic, a webinar has not taken place.”
It said that the timing of the referendum was “a matter for Government”.
A Department of Enterprise statement said: “While the Government remains committed to holding the referendum, the timing remains under consideration at this juncture.”
