Abstract

Subject of this dissertation is the assessment of non-challenge clauses between a patent holder and a licensee as well as possible exceptions for free licences, obsolete technology and settlement agreements against the background of German and EU competition law. In addition, the author assesses non-challenge obligations based on the principle of good faith as well as termination rights of the patent holder in case of challenge. Finally, the author analyses whether recent German and EU case law on the compulsory licence defence results in contradictions to the assessment of non-challenge obligations. The author graduated from the University of Heidelberg and works as an attorney in the field of German and EU competition law.

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