Seminar on the presentation of PMAC held in Stockholm on 2 February

On 2 February, a seminar dedicated to patent dispute resolution and the role of the Patent Mediation and Arbitration Centre (PMAC) was successfully held in Stockholm, bringing together representatives of public authorities, judges of the Unified Patent Court (UPC), legal practitioners and arbitration experts. The seminar was moderated by Håkan Borgenhäll, member of the PMAC Expert Committee and attorney-at-law at Vinge law firm.

The seminar opened with a session on the Swedish government’s comprehensive approach to intellectual property, presented by Louise Petrelius and Jonatan Adolfsson from the Swedish Ministry of Justice, setting the broader policy context for alternative dispute resolution in patent matters.

The central part of the programme focused on the creation and work of the PMAC, presented by Aleš Zalar, PMAC Director who outlined the establishment process of the PMAC, key milestones achieved to date and the outcomes of the public consultations regarding draft Rules of Arbitration, Mediation and Expert Determination and corresponding Fee schedules. Particular attention was given to specific issues in the procedural rules and competitiveness of PMAC in comparison with other ADR providers.

The relationship between the UPC Court of First Instance and PMAC was discussed by Stefan Johansson, Judge at the Nordic Baltic Regional Division of the UPC. He addressed the legal basis for referrals from the UPC to PMAC, the usefulness of expert determination in UPC proceedings and offered reflections on priorities for PMAC following its launch.

This was followed by a presentation on the UPC Court of Appeal and PMAC by Ingeborg Simonsson, Judge at the Court of Appeal and member of the Presidium of the UPC. Her contribution focused on jurisdictional issues, enforcement questions and the types of disputes suitable for referral to PMAC, as well as the potential contribution of judges to the work of the Centre.

The seminar continued with the perspective of legal practitioners, presented by Matthias Sonntag, attorney-at-law, who discussed the advantages and limitations of arbitration and mediation in patent disputes, cost considerations compared to UPC litigation, expedited and hybrid procedures, and the handling of SEP/FRAND disputes within PMAC.

An arbitrator’s perspective was then provided by Eric Runesson, Judge of the Supreme Court of Sweden, who addressed the suitability of arbitration and mediation for patent and licensing disputes, expected user profiles of PMAC and cost-related considerations.

The seminar concluded with a panel discussion involving Aleš Zalar, Stefan Johansson and Eric Runesson. The discussion explored PMAC’s unique selling proposition, the types of disputes most appropriate for PMAC, the key qualities required of neutrals, the relationship with UPC and EPO case law, and expectations for the future development of PMAC.

The event provided a comprehensive overview of PMAC’s role within the global patent dispute resolution landscape and highlighted its potential as an effective and high-quality alternative to court litigation.