1. NRB/MF OMPI April 25-26, 2005 1 WIPO CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION WIPO CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION April 25-26, 2005 PRESENTATION OF: Nicole RIEUNIER-BURLE, Avocat à la Cour Head of the Life Science Department BRUNSWICK LAW FIRM

2. NRB/MF OMPI April 25-26, 2005 2 FRENCH LAW ON { CONCILIATION { MEDIATION A.CONCILIATION ART. 127 Nouveau Code de Procédure Civile - The parties to a litigation may settle by themselves or following the Judge’s initiative - a claim liquidated - certain or unliquidated: in dispute - The settlement is recorded in minutes signed by the judge and the parties - Excerpts of such minutes may be enforced as writ of execution B.MEDIATION ART. 131-1 et seq. NCPC The judge may nominate a natural or artificial third person represented by a natural person with the parties’ consent To hear the parties To compare their positions with a view to finding a settlement On all or part of the dispute - During 3 months, renewable once - The judge delivers terms of reference - The « mediateur » has no investigation powers, but may hear third parties, upon acceptance of the litigating parties The outcome - Settlement recorded by the judge - Continuation of the dispute

3. NRB/MF OMPI April 25-26, 2005 3 EXPERIENCE / NEEDS IN VIEW OF DISPUTE RESOLUTION I.E. BEFORE GOING TO COURT OR TO ARBITRATION NEEDS: WORK AND TIME INSTITUTION MANAGEMENT MUST  FREEZE ANY INITIATIVE AS SOON AS THE DISPUTE IS THREATENED OR DECLARED  COLLECT AND ASSESS ALL INFORMATION AVAILABLE  HAVE AN ANALYSIS MADE BY IN-HOUSE LAWYERS AND COUNSELS  DERIVE A STRATEGY WITH LAWYERS STRATEGY INCLUDES  A TENTATIVE SETTLEMENT DISCUSSION LIMITED IN TIME  USE OF ALL THE STRENGTHS: LEGAL, POLITICAL AND MEDIA EXPERIENCE: WORK, NO TIME  LAWYERS INVOLVED TOO LATE  EMOTION TAKES THE LEAD AND JEOPARDIZES AMICABLE SOLUTIONS  CONCILIATION / MEDIATION DIFFICULT TO IMPLEMENT