The Patent Mediation and Arbitration Centre (PMAC) forms part of the Unified Patent Court (UPC). Its rules of operation are have now been published and are available here. It operates independently, but carries out its tasks in close contact and cooperation with the committees/bodies of the UPC which will have to take decisions in relation to the operation of the Centre.
The Centre has its seats in Ljubljana, Slovenia, and Lisbon, Portugal (as provided for under Article 35 UPC Agreement). It will have a permanent address in both cities which can be used for official communications. Mediation and arbitration proceedings can be held either at the seats or elsewhere.
The objective of the Centre is to promote mediation and arbitration in cases which fall wholly or in part within the competence of the UPC. 2. Its objective includes in particular:
- to make available institutional support for the mediation and arbitration proceedings,
- to provide mediation and arbitration rules, fee schedules, model clauses for use in mediation and arbitration and other regulations,
- to provide facilities which the parties can use to carry out mediation and arbitration proceedings,
- to promote and to organize the training of mediators and arbitrators in cooperation with the UPC training centre in Budapest and if appropriate other institutions.
The rules of operation state that the Centre shall "conduct information events, maintain a website linked to the UPC website, develop and distribute publications in the field of patent mediation and arbitration" and that the Centre may develop any other activities within its competence which will contribute to efficiency and efficacy of the UPC.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
