The Application of ‘No-Challenge Clauses’ in International Intellectual Property Licensing Contracts
Abstract (Resumo):
This is a work-in-progress paper first drafted for the 22nd Brazilian Congress of International Law. The proceedings were published in the Brazilian International Law Academy Reports.This study aims to contribute towards the attainment of a deeper understanding of the possibility of enforcing no-challenge clauses in international licensing contracts under the light of conflict of laws. The subject of study is a matter of relevance to the mitigation of risks related to the invalidation of intellectual property owned by industrial players – both foreign and domestic – relating directly to the Sustainable Development Goals (SDG) number 8 (decent work and economic growth) and 9 (industry, innovation, and infrastructure). To the development of this study, the elected methodology adopts the logic-deductive method and the procedures of literature review of many national, international and foreign sources (e.g., legislation, legal doctrine and case law). Through the procedures described, we aim: (i) to define, conceptually, what is the nature and the purpose of no-challenge clauses within international contracts; (ii) to explore what are the rules applicable to international contracts including no-challenge clauses; and (iii) to determine if the enforceability of no-challenge clauses imposes challenges to the national public order.
Keywords (Palavras-Chave): No-Challenge Clauses. International Contracts. Intellectual Property. Licensing. Public Order.
Recommended citation (Citação Recomendada):
de Azevedo Tinoco, Jorge Enrique, The Application of ‘No-Challenge Clauses’ in International Intellectual Property Licensing Contracts (February 05, 2024). Azevedo Tinoco, Jorge Enrique de. ‘The Application of ‘No-Challenge Clauses’ in International Intellectual Property Licensing Contracts’. In Brazilian Academy of International Law Reports, 1st ed., 1:593–600. Belo Horizonte: Arraes Editores, 2024. Available at: https://www.academia.edu/123106949/THE_APPLICATION_OF_NO_CHALLENGE_CLAUSES_IN_INTERNATIONAL_INTELLECTUAL_PROPERTY_LICENSING_CONTRACTS
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