Invalid clauses. (1) Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights. (2) The following shall not be considered restrictions within the meaning of paragraph (1) above: (i) limitations relating to the extent, the scope or the duration of exploitation of the patented invention; (ii) the obligation on the licensee to abstain from any act liable to harm the validity of the patent. (3) In the absence of provisions to the contrary in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.
Appears in 6 contracts
Samples: Revising Agreement, Agreement Revising the Bangui Agreement, Agreement Revising the Bangui Agreement on the Creation of an African Intellectual Property Organization
Invalid clauses.
(1) Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose constitute unfair competition practices and, in general, the same shall apply to clauses imposing on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights.
(2) The following shall not be considered restrictions within the meaning of paragraph
paragraph (1) above:
(ia) limitations restrictions relating to the extent, the scope or the duration of exploitation of the patented invention;; and
(iib) the obligation on the licensee to abstain from any act liable to harm impair the validity of the patent.
(3) In the absence of provisions to the contrary Unless otherwise stipulated in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.
Appears in 1 contract
Samples: Bangui Agreement
Invalid clauses.
(1) Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights.
(2) The following shall not be considered restrictions within the meaning of paragraph
(1) above:
(i) limitations relating to the extent, the scope or the duration of exploitation of the patented invention;
(ii) the obligation on the licensee to abstain from any act liable to harm the validity of the patent.
(3) In the absence of provisions to the contrary in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.
Appears in 1 contract
Invalid clauses.
(1) Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights.
(2) The following shall not be considered restrictions within the meaning of paragraph
paragraph (1) above:
(i) limitations relating to the extent, the scope or the duration of exploitation of the patented invention;
(ii) the obligation on the licensee to abstain from any act liable to harm the validity of the patent.
(3) In the absence of provisions to the contrary in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.
Appears in 1 contract
Samples: Bangui Agreement
