Casalonga UPC rules of procedure
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ARTICLE 2The mediation service

1. The mediation service of the Patent Mediation and Arbitration Centre (hereafter “the Centre”) offers support in the settlement of disputes relating to European patents and European patents with unitary effects for which the Unified Patent Court (UPC) is exclusively competent (Article 32 UPC Agreement [1] ).

2. Under the Rules, a patent may not be revoked nor limited through mediation.

3. The parties may decide on any other disposable right or obligation factually or legally linked to the dispute falling within the exclusive competence of the UPC to be included into mediation.

4. The mediation service can be required if a written agreement of the parties allows, on request of one party to the Centre with the expressed consent of the other party, following a recommendation by
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[1-
(1) The Court shall have exclusive competence in respect of:
(a) actions for actual or threatened infringements of patents and supplementary protection certificates and related defences, including counterclaims concerning licences;
(b) actions for declarations of non-infringement of patents and supplementary protection certificates;
(c) actions for provisional and protective measures and injunctions;
(d) actions for revocation of patents and for declaration of invalidity of supplementary protection certificates;
(e) counterclaims for revocation of patents and for declaration of invalidity of supplementary protection certificates;
(f) actions for damages or compensation derived from the provisional protection conferred by a published European patent application;
(g) actions relating to the use of the invention prior to the granting of the patent or to the right based on prior use of the invention;
(h) actions for compensation for licences on the basis of Article 8 of Regulation (EU) No 1257/2012; and
(i) actions concerning decisions of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012.
(2) The national courts of the Contracting Member States shall remain competent for actions relating to patents and supplementary protection certificates which do not come within the exclusive competence of the Court.