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16 | II Série A - Número: 023S1 | 27 de Outubro de 2014

The local or regional division concerned shall have the discretion to proceed in accordance with paragraph 3 of this Article.
(6) An action for declaration of non-infringement as referred to in Article 32(1)(b) pending before the central division shall be stayed once an infringement action as referred to in Article 32(1)(a) between the same parties or between the holder of an exclusive licence and the party requesting a declaration of non-infringement relating to the same patent is brought before a local or regional division within three months of the date on which the action was initiated before the central division.
(7) Parties may agree to bring actions referred to in Article 32(1)(a) to (h) before the division of their choice, including the central division.
(8) Actions referred to in Article 32(1)(d) and (e) can be brought without the applicant having to file notice of opposition with the European Patent Office.
(9) Actions referred to in Article 32(1)(i) shall be brought before the central division.
(10) A party shall inform the Court of any pending revocation, limitation or opposition proceedings before the European Patent Office, and of any request for accelerated processing before the European Patent Office.
The Court may stay its proceedings when a rapid decision may be expected from the European Patent Office.

ARTICLE 34 Territorial scope of decisions

Decisions of the Court shall cover, in the case of a European patent, the territory of those Contracting Member States for which the European patent has effect.

CHAPTER VII – PATENT MEDIATION AND ARBITRATION

ARTICLE 35 Patent mediation and arbitration centre

(1) A patent mediation and arbitration centre ("the Centre") is hereby established. It shall have its seats in Ljubljana and Lisbon.
(2) The Centre shall provide facilities for mediation and arbitration of patent disputes falling within the scope of this Agreement. Article 82 shall apply mutatis mutandis to any settlement reached through the use of the facilities of the Centre, including through mediation. However, a patent may not be revoked or limited in mediation or arbitration proceedings.
(3) The Centre shall establish Mediation and Arbitration Rules.
(4) The Centre shall draw up a list of mediators and arbitrators to assist the parties in the settlement of their dispute.

PART II – FINANCIAL PROVISIONS

ARTICLE 36 Budget of the Court

(1) The budget of the Court shall be financed by the Court's own financial revenues and, at least in the transitional period referred to in Article 83 as necessary, by contributions from the Contracting Member States.
The budget shall be balanced.
(2) The Court's own financial revenues shall comprise court fees and other revenues.
(3) Court fees shall be fixed by the Administrative Committee. They shall consist of a fixed fee, combined with a value-based fee above a pre-defined ceiling. The Court fees shall be fixed at such a level as to ensure a right balance between the principle of fair access to justice, in particular for small and medium-sized enterprises, micro-entities, natural persons, non-profit organisations, universities and public research organisations and an adequate contribution of the parties for the costs incurred by the Court, recognising the economic benefits to the parties involved, and the objective of a self-financing Court with balanced finances.