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Ireland delays UPC referendum, risking diminished common law influence over early UPC jurisprudence and English-language practice

Published on: 13 May 2024

Published by a Law360 reporter
Legal News
Article summary

Ireland postpones referendum on joining the Unified Patent Court

In April 2024, the government confirmed that the constitutional referendum slated for 7 June 2024 to allow Ireland to accede to the Unified Patent Court (UPC) would not go ahead, further delaying the necessary vote a year on from the court’s official launch. The proposed ballot sought approval to amend article 29 of the constitution to permit the transfer of jurisdiction to the UPC—an essential step for entry to the court and the broader unitary patent regime. Peter Burke, Minister for Enterprise, cited low levels of public engagement and understanding as the basis for withdrawing the vote. Patent specialists called the move disappointing but reasonable in light of the prevailing political landscape. The choice to drop the June poll—intended to coincide with European and local elections—came two weeks after the unexpected appointment of Simon Harris as Taoiseach, or Prime Minister. Marie Walsh, a Dublin-based HGF LLP partner and patent lawyer, said political events upended the runway needed to prepare the kind of campaign required to inform the public...

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