Ireland has UPC in sights as country confirms referendum date

Ireland’s government has confirmed that a referendum on the country’s participation in the UPC will take place in June 2024, alongside the local and European elections. According to a post on LinkedIn, Neale Richmond, member of Fine Gael and minister of state with responsibility for business, employment and retail, announced the development on Monday in the Seanad, or senate, of Ireland.

UPC referendum looks certain

Two years previously, in June 2022, the country’s Department of Enterprise, Trade and Employment had published an announcement reaffirming the government of Ireland’s commitment to holding a public referendum on the issue. Should the country vote in favour and subsequently ratify the UPC Agreement, it would become the 18th state in the system out of 27 EU member states. Dublin would also receive a local division, with one national judge and two judges from the existing judicial pool.

However, the country must first ratify the UPC Agreement’s Protocol on Provisional Application (PPA) and the Protocol on Privileges and Immunities (PPI).

Although the country could have held the vote in the past eight years, various uncertainties have held it back. For example, Brexit and the UK’s subsequent withdrawal from the project, as well as German constitutional complaints, had put the UPC project on hold and caused delays in ratification among other states. Now the country is one of several states, including Spain and Poland, which are currently not participating in the pan-European court.

Dublin the gateway

The UK is also not participating in the UPC, and its lawyers may not represent clients at the patent court unless they have Irish heritage. However, this loophole will only be relevant if Ireland ratifies the UPC Agreement. Until 2022, it was also not clear that European patent attorneys from the UK would be entitled to lead UPC proceedings, although this is now confirmed.

If Ireland was part of the UPC, Dublin could be the gateway for many UK patent lawyers with Irish roots. An Irish licence automatically authorises them for UPC proceedings. As such, before the launch of the UPC on 1 June 2023, IP boutique Powell Gilbert announced the opening of a new office in the city. Competitor firm Bristows also announced this move in early September. International firms such as Pinsent Masons, DLA Piper and Bird & Bird have also made moves to shore up their expertise in their Irish offices.