Nina O'Sullivan, Mishcon de Reya Partner and Head Knowledge Lawyer spoke to Commercial Dispute Resolution after the Irish Government announced a referendum on the country's participation in the Unified Patent Court (UPC) and Unitary Patent.
An affirmative vote could give way to wide-ranging changes in Ireland for protection and enforcement of patents. Ireland shares many traits with the UK including a common law-based, English-speaking legal system, and both jurisdictions are contracting states to the European Patent Convention (EPC).
Speaking on the grant of a European patent under the EPC framework, Nina said: “You end up with a bundle of national patents you must enforce on a country-by-country basis – this is the challenge of the existing regime.” Nina also commented on the early days of the UPC and the challenges that have arisen in relation to transparency.
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