Discussion on draft Arbitration Rules of Patent Mediation and Arbitration Centre (PMAC)
Nico Gielen, Dr. Nicole Grohmann and Dr. Michael Plagge discuss the draft Arbitration Rules of the newly established Patent Mediation and Arbitration Centre (PMAC), set up under the same treaty as the Unified Patent Court (UPC).
The authors outline how the PMAC could become a central forum for arbitrating patent disputes, following a broader international trend recognising their arbitrability. The authors examine key issues, including tribunals’ limited competence to decide on patent validity, the possibility of “surrender workarounds,” and the referral mechanism that allows the UPC to suggest transferring cases to the PMAC.
They also highlight innovations such as expedited timelines, FRAND-specific procedures with enhanced confidentiality, and the ability to transform consent awards into UPC-enforceable judgments.