Irish UPC supporters target November referendum

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Irish UPC supporters target November referendum

Ha'penny Bridge in Dublin
Ha'penny Bridge in Dublin

Ireland must hold a referendum to ratify the Unified Patent Court Agreement, but the deputy prime minister has hinted that 2024 may be a possible date

Politicians, lawyers, and business officials have urged the Irish government to hold a referendum to ratify the Unified Patent Court Agreement no later than November this year, but the deputy prime minister has said a vote may not take place until 2024.

The Irish Business and Employers Confederation (IBEC) and the Association of Patent and Trade Mark Attorneys (APTMA) said today, March 14, that a vote on the Unified Patent Court (UPC) should take place alongside a gender equality referendum already scheduled for that month.

But Micheál Martin, the deputy prime minister, suggested in parliament last week that any UPC vote could be pushed back to next year.

The UPC is scheduled to open on June 1. However, Ireland won’t be able to establish a local division until the UPCA has been ratified.

A transfer of judicial powers to an international body such as the UPC requires a referendum under the Irish constitution.

It is not yet clear whether the government plans to hold a UPC vote on its own or alongside referendums on other issues.

Leo Varadkar, the prime minister, has previously said a UPCA referendum would not be held as a standalone vote.

Naoise Gaffney, chair of IBEC’s corporate IP group, told Managing IP the government should hold the vote later this year.

“Irish industry has consistently argued that while Ireland stands to gain significantly through participating in this specialist pan-European court system, it will only do so if it participates in a timely fashion.

“Time is of the essence. Pushing out Ireland’s ratification into 2024 would only benefit UPC locations elsewhere,” Gaffney said.

Several politicians have also urged swift ratification, including members of the two biggest parties in Ireland’s coalition government.

Jim O’Callaghan, a former barrister and member of parliament (TD) for the Fianna Fáil party, told Managing IP he would like to see the UPC vote held in November.

David Stanton, a TD for fellow coalition party Fine Gael, also suggested a November vote in a parliamentary question to Martin on Thursday, March 9.

In response, Martin declined to commit to a November date and suggested the vote could wait until 2024.

“I am always cautious about holding two or three referendums on the same day.

“We are holding referendums in November, but there is no reason that [we] could not hold a referendum on this matter in early 2024.”

He added: “We could just take it on, notwithstanding concerns about whether it would pass or whether people understand the complexities relating to the UPC,” Martin said.

Tríona Walshe, chair of APTMA’s UPC committee, said Irish businesses would be at a competitive disadvantage if Ireland did not become part of the UPC system this year.

Ireland plans to establish a local division of the court if the public votes to ratify the agreement.

The Irish government has stepped up its UPC preparations lately with the appointment of a civil servant to lead a dedicated unitary patent unit in the Department of Enterprise, Trade, and Employment.

more from across site and SHARED ros bottom lb

More from across our site

Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
Gift this article