| Abstract [eng] |
The main aim of this work is to examine problematic aspects of termination of licence agreement when subject matter in contract expires on revocation or invalidity cases of granted exclusive intellectual property rights. The first chapter determines meaning of license agreement, discloses main features and regulation aspects in national laws, defines object, fundamental term and the main duties of parties in contract. Last part of this chapter, in the context of thesis topic, defines basic problems of license agreement termination. Second chapter gives us systematic analyses of patents and trademarks protection revocation or invalidation cases, which gives us possibility to determine parties impact on object existence in contract, their legal status and helps to search for decision on investigational problematic aspects. As well this chapter examines right of licensee to challenge validity of granted rights in license agreement, it is bring up along side with foreign countries judicial precedents and dominant doctrines. Especially taking in to account licensee estoppel doctrine restrictions on patents licensing cases. Third part examines accomplishment impossibility of obligation impact to license agreement validity and parties interests, taking a broaden look at specific case - termination of licence agreement without fault of neither party of subject matter expiration in contract. As exclusive intellectual property rights invalidity acknowledgment have ex nunc effect, this work considers impact of retrospective agreement invalidity to restitution application possibilities. Taking in to account foreign countries courts practise this work, as well, examines licensee right to stop accomplishing his obligations when question about exclusive rights validity is being resolving. Having in mind insufficient regulation of license agreement, this part also exams how could by contractual terms regulate relation between parties whit a purpose of risk allocation, which is related to validity of licensing object. As economic author rights could be granted by licensing contracts and also could be disputed, in the final chapter as a comparison discussing specific case, which is related to disputation of authorship. |
