European Patent System The business perspective

Working Party on Litigation with the mandate to submit to an optional agreement on an integrated judicial system for the settlement of litigation concerning European patents . EC Hearing 2006 12 Proceedingsbeforecourts of first instance Proceedingsbeforecourts of second instance EC Hearing 2006 13 Alternative "Technicalarbitration "Mediation EC Hearing 2006 14 Alternative Dispute Resolution "Whento mediate 3the cost of litigation is expected to be disproportionate to the claim 3the parties are deadlocked in settlement negotiations 3complexities of law, fact or relations are likely to protract proceedings and make any judgement or quantum particularly susceptible to appeal 3there are multi-actions involving common parties 3the issues are highly complex and involve multi- parties 3the issues involved are sensitive or require the disclosure of sensitive information 3the parties do not wish for any publicity EC Hearing 2006 15 Alternative Dispute Resolution "Whenmediationisnot appropriate: 3when a legal, commercial or other precedent needs to be set 3where summary judgement is available quickly and efficiently 3parties require emergency injunctive or other protective relief 3where publicity is actively sought 3where there is no real interest in settlement EC Hearing 2006 16 Conclusion "Strong support on developing an effective patent system in Europe "A simplified regime must be adopted.<br><br> "We opposes any compromise that will make the application for a European patent more expensive than the existing system. "An efficient system with low costs for legal protection must be made available.Voluntary low cost Alternative Dispute Resolution systems should be encouraged. EC Hearing 2006 17 THANKS!<br><br> Vincent TILMAN Advisor -European Affairs Avenue des Arts 19 AD-B-1000 Brussels phone: +32 2 282 0867 -fax: +32 2 230 00 38 mailto:tilman@eurochambres.be

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