Ireland to host local UPC division

An Irish government minister has revealed that the country plans to host a local division of the Unified Patent Court(UPC).

Ireland has yet to ratify the UPC agreement, but Minister for Jobs, Enterprise and Innovation Richard Bruton said a local division will be created once the deal has been approved by the requisite EU member states.

The agreement will enter into force once 13 countries have ratified it. So far, Austria, Belgium, Denmark, France and Sweden have done so.

“This new court is an important boost for innovation in Ireland. It will mean that businesses involved in innovation activities will be able to resolve disputes over patents locally, more cheaply and more easily than before,” Bruton said.

“SMEs [small to medium-sized enterprises] stand to benefit in particular, as the costs involved in enforcing intellectual property rights impact smaller businesses disproportionately and can act as a barrier to them engaging in R&D activities,” he added.

Local divisions will deal with infringement actions and any associated injunctions or damages.

If a party that has been sued for infringement files a counter-claim for revocation, the local division has several options, including proceeding with the entire case or referring the counterclaim to the central division, which will be based in Paris, London and Munich.

It is believed Germany plans to have four local divisions and the UK, the Netherlands, France and Belgium one each. Sweden and some of the Baltic countries are likely to form a regional division.

The UPC will have jurisdiction over unitary patents, which will provide protection across 25 EU member states.