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The Patent Mediation and Arbitration Centre (PMAC), the Unified Patent Court’s (UPC's) specialist alternative dispute resolution (ADR) body, has published model ADR clauses and submission agreements, completing its procedural framework.
The PMAC is a specialist ADR forum offering mediation and arbitration for disputes relating to European patents, European patents with unitary effect and supplementary protection certificates falling within the UPC’s competence under Article 32 of the UPCA, as well as related disputes.
Crucially, the UPC may confirm certain PMAC outcomes as a court decision, enabling enforcement across UPC Contracting Member States - and potentially beyond, depending on the mechanism used.
Why does it matter?
Dispute resolution clauses in IP agreements are often treated as boilerplate. In the UPC era, they can be outcome‑determinative — affecting speed, leverage and enforceability across participating states. A PMAC clause offers a UPC‑aligned route, with specialist patent neutrals and procedures built for patent disputes, rather than “generic” arbitration.
For SEP/FRAND matters, the PMAC includes tailored tools, including the ability to determine global FRAND rates. PMAC clauses tend to be most valuable where patents are central to the deal and enforcement strategy matters.
What to do now
Treat this as a drafting prompt: does the PMAC support your patent strategy?
Use this as an opportunity to review your key IP existing agreements and update your drafting approach:
- Audit your collaboration, licence, R&D and co-ownership agreements to ensure they include clear provisions on decision-making (i) to seek (or not seek) unitary effect on grant of European patents, (ii) to opt out of the UPC and withdraw opt-outs, and (iii) to choose jurisdiction (national courts vs. the UPC). If this exercise has not yet been completed, it is not too late to do so!
- Where appropriate, include a PMAC mediation and/or arbitration clause to align the agreement with a UPC-era dispute pathway.
Check the interaction with governing law, jurisdiction and interim relief provisions (including whether you want access to UPC interim measures).
PMAC’s model clauses are a helpful starting point, but they are templates — not a substitute for transaction-specific drafting.
Read the original article on GowlingWLG.com
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.
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