Legal treatment of no challenge clauses in licence agreements from the aspect of competition law

Abstract

In this paper, the author explores the legal treatment of no challenge clauses in license agreements. In effect, these clauses prohibit a licensee to challenge the validity of intellectual property rights which are the subject matter of a license agreement for a specified period, usually within the duration of the contract. The author analyzes the legality of contracting the no challenge clause in license agreements from the aspect of European Union Competition Law, given the fact that there are still no positive legal norms governing this institute in Serbian competition law.

Keywords

• no challenge clauses
• license agreements
• technology transfer
• eu competition law