Legal treatment of grant-back clauses in licence agreements from the aspect of EU competition law

Abstract

In this paper, the author explores the legal treatment of no-challenge clauses in license agreements. A grant-back clause obligates the licensee to grant the rights on future advances or improvements in the licensed technology to the licensor. The author analyzes the legality of contracting the aforementioned clause in license agreements from the aspect of European Union Competition Law, considering that the positive law of the Republic of Serbia still does not include legal norms regulating this institute.

Keywords

• grant-back clause
• license agreements
• technology transfer
• competition law