Case 6: The patent

A Company, which we will call X, established in Italy, was the holder of a European Patent for a pasta cooking machine, which was awarded in 2007. In 2008 the Company X stipulated an exclusive European Patent License Agreement with a Company, which we will call Y, established in the United Kingdom. The companies added further terms and conditions between them with an addendum in 2010.

In 2011 Company X charged Company Y with the non-payment of royalties.

Company Y though disputed the performance of acts of unfair competition from the Company X.

The companies, assisted by lawyers, filed a joint mediation request at the CCIAA’s Mediation Service of Florence. Legal representatives of both companies attended the first meeting assisted by lawyers. The mediator listened to both parties, jointly and individually.

The parties showed a willingness to work towards immediately putting an end to the dispute, and after two meetings, one of six hours and one of tree hours, an agreement was drafted.

The parties agreed for a postponement to a third meeting to conclude a settlement.

The mediation procedure ended with the third meeting, during which the parties concluded an agreement in which both expressively, declared that they wanted to continue the collaboration.

Therefore the companies kept the contract of patent license, updated and integrated according to the new needs of the parties arising in the course of the Mediation procedure.

Please note that the identities of the disputing individuals were altered, due to the confidentiality element Mediation carries.

Project Partners

  • Eurochambres, Brussels, Belgium (Project coordinator)
  • Brussels Enterprises, Commerce and Industry Belgium
  • Croatian Chamber of Economy
  • Cyprus Chamber of Commerce and Economy
  • Centre for Mediation and Arbitration of Paris, France
  • Handelskammer Hamburg Service GmbH, Germany
  • The Union of Italian Chambers of Commerce, Industry, Handicraft and Agriculture
  • Open University of Italian Chambers of Commerce
  • Latvian Chamber of Commerce and Industry
  • Iasi Chamber of Commerce and Industry, Romania
  • Barcelona Chamber of Commerce, Industry and Navigation, Spain