AIPLA Comments on the UPC Mediation and Arbitration Centre’s Draft Mediation Rules

Arlington, VA. July 21, 2025 – The American Intellectual Property Law Association (AIPLA) submitted comments to the UPC Mediation and Arbitration Centre (PMAC) regarding its proposed Mediation Rules, emphasizing the importance of ensuring flexibility and applicability across all types of patent disputes—not just those involving standard essential patents (SEPs) and FRAND issues. AIPLA recommended that the procedural provisions in Section 5 of the Rules be explicitly available for non-SEP disputes as well, noting that many of the identified processes (e.g., defining dispute scope, confidentiality safeguards, and parallel proceedings) are equally relevant in non-FRAND contexts. AIPLA also advocated for procedural flexibility when mediating disputes involving large patent portfolios and encouraged PMAC to consider the WIPO model, which features a generalized set of rules supplemented by optional guidelines and sample forms. These adjustments, AIPLA noted, would better reflect the diversity of patent disputes and promote broader and more effective use of mediation in the UPC framework.

Click to the right to read the complete comments.