Proposed forty-first amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024. See Oireachtas Bill here.
See news articles below.
This amendment has been discussed in our Government offices for the past 50 years.
It was passed by the Government and both houses of the Oireachtas in 2013 (i.e. 11 years ago). Since the legislation has been passed, how many amendments and ratifications have been made to this Bill since then? The political and economic landscapes have changed significantly since then.
If this is so important, why has it taken this long to implement?
It requires a referendum to amend Article 29.4 on International Relations to facilitate this surrender of the sovereignty of this aspect of our courts. This referendum, which was originally scheduled for June 2024, has now deferred. See news articles below.
Despite the fact that The UPC treaty has been passed into legislation since 2013, An Tainaiste, Micheal Martin, is using the excuse that there was insufficient time for consultation.
This treaty is of national importance as it would, if passed by a referendum, concede Irish sovereignty and independence of Irish courts to one singular body in the EU. This would bring the Irish nation one step closer to a one world governance.
For full article read here.
The Irish courts are the most important intuitions on our land. They are bound by article 58, article 34.5.1 & article 34.5.2
Full Article here
While there are obvious benefits for large global organisations, there are costs and risks to both smaller businesses and to private individuals which must be safe-guarded at all costs.
Another point to consider is, Who will be dictating to Irish businesses if this is sub-contracted to another continent?
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50 Years in the making:
European unitary patent comes into effect
"After fifty years of trial and error, litigation and diplomatic stand-offs, innovators can finally apply for a unitary patent that protects intellectual property in up to 25 EU countries at the same time...
...Applying for a unitary patent is free and maintaining them will cost less than €5,000 in the first ten years, the average lifetime of a European patent...
...The proposal for a unitary patent was first floated around 1949.
...After multiple failed attempts, in 2009 EU member states finally agreed to reform the European patent system, but the problems didn’t stop then. Spain and Italy opposed in protest at the designation of English, French and German as the sole patent languages....
Seventeen member states are fully ready for the launch..., and another eight... [including Ireland], are expected to ratify the agreement soon...
This isn’t the end for EU’s patent system revamp. EU proposals cover standard essential patents (SEPs) that set out requirements for complying with industry standards, such as 5G mobile standards; the compulsory licensing of patents in crisis situations; and supplementary protection certificates through which pharma companies can extend the patent life of drugs.
Industry hit out at the new rules for SEPs, claiming the changes would mean that the management of patents that are essential to ensuring companies can license rights to use them would be turned over to an agency with no previous experience with patents or standards.
On Wednesday, the European Association of Research and Technology Organisations (EARTO) joined in on the criticism of the Commission’s SEPs revamp plan, saying the proposed regulation is too far-reaching and disruptive, and could be detrimental to Europe’s innovation ecosystem.
The danger is that global processes for technology transfer that over the years have balanced to interests of innovators and technology implementors, will be disrupted, EARTO says.
In addition, the proposed Regulation will severely increase the costs for IP owners to participate in technical standardisation processes and SEP licensing. This would discourage RD&I actors such as universities and RTOs from participating in the process.
This article is the cornerstone of the Irish constitution.
It confirms our status as a standalone nation State - sovereign and independent with democratic principles. The Supreme Court holds this status of jurisdiction in trust for Irish people.
If Irish men and women vote yes to amend the constitution to pass this UPC treaty we will have surrendered this status.
See also Article 1 and Article 6.1 below confirming the authority of the people in defining areas of national policy, where it is necessary for the benefit of the people (and not for "the common good" as per the original translation.
This is also succinctly outlined in the Preamble where it assures the dignity and the freedom of the individual. Read Preamble here. Where Irish individual's needs are met and the true social order is attained, then we can consider contributing to other nations if appropriate.
Article 1 The Nation
The nation of Éire hereby affirms its inalienable, invincible, sovereign right to establish whatever type of Government they themselves choose, to determine their relationship with other nations, and to promote their political and economic and learned life in accordance with the natural bent and practices of their ancestors.
Official Literal English Translation
Article 6 The State
6.1. It is from the people, under God, that every power of rule, both legislation and fulfilment and judgement, comes and it is the people who have the right to appoint the rulers of the State, and it is up to / rests with the people finally to settle every question regarding the policies of the Nation in accordance with what is necessary for the welfare of the people.
There will be local Council elections together with European Parliament elections on June 7th 2024, together with a referendum to amend Article 29.4 to allow for the Patent Courts to take precedence over our Sovereign Irish judicial system and Courts.
As with any amendments to our Constitution, once we have relinquished our national rights, we will not be able to recover them, so it is important that Irish voters do their research before casting their votes.
Billy Kelleher said in another RTE show that the Government doesn't like holding referenda on the same day as ordinary elections...
It could be argued that the amendments to the Constitution would not get due attention and public scrutiny. If elections were to overshadow the referenda, it could mean that there would be limited debate on them. This could rob the voters of their opportunity to tease out the implications and to have clearly informed viewpoints.
http://www.rte.ie/news/business/2024/0323/1439130-explainer-what-is-the-upcoming-patent-referendum-about/
The aim of this website is to educate Irish men and women on their rights and to have them question their preconceived ideas on their powerlessness in this regard, when in essence it is the people of Éire (Ireland) who truly hold the power. It is not legal or lawful advice.
Maxim of Law: "He who fails to assert his rights has none".
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