The Validity Of No-Challenge Clauses In The Patent License

With the rapid development of China's economy and science and technology,technology trade is increasing in market transactions.As a carrier of technology trade,patent licensing plays an increasingly important role in market practice.In the patent license agreement,there is often a “No-Challenge Clauses”,the original purpose of which is to maintain the stability of the patent licensor's rights and prevent the licensee from claiming to the administrative or judicial authorities after signing the license agreement.The licensed patent is invalid and refuses to continue to pay the patent license fee.At a time when technology competition is becoming increasingly fierce,it is not doubtful that if the clause can reasonably limit some unsatisfactory commercial competition,it is not only the need for the patentee to protect his own interests,but also help to improve transaction efficiency in economic life and accelerate the spread of social science and technology..However,the conclusion of this clause prohibits the licensor from objecting to the validity of the patent,which largely deprives the licensee of the rights and may become an umbrella for invalid patents,and even hinders the dissemination and progress of the technology,limiting The adverse effects of market competition.Through the trade-off and game between the dual effects of No-Challenge Clauses,the study finds that China now has many problems in the legal regulation of No-Challenge Clauses,conflicts in different jurisdictions,unclear legislative framework,and too strict principles.Other countries,such as the European Union and other countries No-Challenge Clauses the status quo and development process of "No-Challenge Clauses",and combine the needs of China's current economic and technological development with the current legislative status,Some suggestions for improving the legal regulation of the No-Challenge Clauses in China are proposed.The article mainly discusses from the following aspects:Firstly,starting from the theoretical basis of the No-Challenge Clauses of the patent license agreement,it first introduces the definition of the No-Challenge Clauses,and briefly describes the No-Challenge Clauses from the perspective of the principle of autonomy of will,the reasonable trust under the principle of honesty and credit,the principle of free competition and the principle of public interest.The theoretical value of the terms pursued.Further exploration of the specific reasons for the No-Challenge Clauses in practice can be attributed to the instability of the patent right itself,the need ofthe patentee to maintain the market position,and the licensee's own risk assessment trend.Finally,the comparative study No-Challenge Clauses the existence and negative impact of the existence and production of the provisions on the practice of patent licensing,and then the efficiency of intellectual property law,the private law dimension of private rights protection and the anti-monopoly law to promote fairness and public welfare.Dimensions,the two value orientation standards,start and contrast,explore the dual influence effect of the clauses,demonstrate the relationship between the two value orientations,complement each other,and elaborate on how to reconcile the conflict between the two different value orientations.Secondly,the current situation of China's laws on the regulation of the effectiveness of the provisions of the provisions and analysis of its problems.It introduces the No-Challenge Clauses of the principled invalidation of the clause in the field of the Contract Law,the relatively vague provisions in the field of the Foreign Trade Law,and the relatively scattered provisions in the field of the Anti-Monopoly Law.Through the study of the above-mentioned different jurisdictions without questioning the status quo of the provisions of the regulations,it is found that China does not question the validity of the provisions in the patent licensing contract.In a few different legal norms,there is a lack of a reasonable and unified logical standard.Principled,and different legal norms have contradictions and conflicts in the attitude of recognition.Again,internationally,there is a summary of regulatory practices and experiences that No-Challenge Clauses the validity of the terms.By comparing the TRIPS agreement,the United States,the European Union and other countries do not question the status quo of the regulation and its development process,and analyze and summarize the places worthy of reference.First,the relevant provisions of the TRIPS agreement were made,followed by a study of the US regulations in the Anti-trust Guidelines for Intellectual Property Licensing and many subsequent changes in relevant jurisprudence;and then through an in-depth analysis of several relevant EU regulations,Exploring how EU law regulates the validity of this clause through the regulation of antitrust laws.Finally,Suggestions for improving the legal regulation of No-Challenge Clauses in China.It consists mainly of three major parts.The first part,in the field of Contract Law,proposes to amend the provisions of the contract law field that No-Challenge Clauses.The validity of the clauses is not questioned from thelicense agreement,the validity of other clauses after the termination of the contract,and the relevant period of the challenge.The issue of the payment of the license fee,etc.,proposes amendments to the provisions of the Contract Law regarding the validity of the clause.In the second part,it is proposed to harmonize the provisions on No-Challenge Clauses in the field of Foreign Trade Law in the field of Anti-Monopoly Law and make a brief statement.The third part,from the perspective of "Anti-Monopoly Law",introduces the necessity of not questioning the anti-monopoly regulation of the clause,and then determines the legal principle that No-Challenge Clauses the clause subject to anti-monopoly regulation-the principle of rationality,and the specific analysis of the principle of rationality The standard is outlined in detail.Finally,it is a detailed analysis of the Anti-Monopoly Guide on Abuse of Intellectual Property,and supplements and suggests other relevant factors that need to be considered.Through the elaboration of the above four aspects of the recommendations,in order to enable the No-Challenge Clauses to better adapt to and promote the economic and social development of our country.