The delayed referendum on Ireland joining the European Union’s Unified Patent Court (UPC) should be held before next summer, according to Fianna Fáil TD Malcolm Byrne.
He said Ireland’s membership of Europe’s unified patent system would “make life easier” for Irish inventors, content creators and small businesses.
The Irish Times reported on Monday that there have been tentative moves within Government to revive the referendum.
The vote on Ireland joining the 18 other EU member states that have signed up to the UPC system was originally due to take place in June 2024.
RM Block
Mr Byrne, a Wicklow-Wexford TD, was to be Fianna Fáil’s director of elections for the referendum.
However, the last government decided to defer the UPC vote in the aftermath of the defeat of the Family and Care referendums to allow more time for public engagement on the matter.
In recent months the Department of Enterprise has contacted business organisations and Government departments, seeking feedback on the level of engagement taking place on the UPC issue and views on the appropriate timing of a rescheduled vote.
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. Business groups have long called for Ireland to join the UPC.
The Department of Enterprise said the Government is committed to holding the referendum, but “the timing remains under consideration”.
Mr Byrne urged the Government to commit to a referendum and an “informed campaign” before next summer.
He said: “For someone who invents something in Ireland to protect that idea or product, they have to seek a patent in every jurisdiction in the European Union and the recognition of the creation is not always enforceable in a uniform way.
“Ireland joining the unified patent system will make that much easier and it will heavily reduce costs and the administrative burden on inventors.”
[ Ireland fined €1.54m for delay in writing EU work-life balance directive into lawOpens in new window ]
Mr Byrne added: “This is probably not the issue that most people are thinking about but for inventors and businesses it is really important.”
Ireland has to vote on it because the Constitution requires a vote for joining such a European structure, he said.
“The decision will mean transferring some judicial sovereignty, but only in the area of patents, to the new court. It has only to do with patents.”
In May, Mr Byrne asked Taoiseach Micheál Martin in the Dáil if he would consider holding the UPC referendum on the same day as the presidential election this year.
Mr Martin said he did not anticipate that happening, but he indicated his support for Ireland joining the UPC.
He added: “We need to prepare properly for when we decide to have a referendum. We have to do the homework and be in a position to convince people of the merits of the case.”
[ Ireland is exposed as Maga right attempts to take on Big Tech regulationOpens in new window ]
