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137 Implied terms in patent licences—general rule

INTELLECTUAL PROPERTY vol 21(1) patents and technology transfer

137 Implied terms in patent licences—general rule

| Commentary

Contractual terms may be implied¹ by statute or custom or where such a term clearly represents the intention of the parties².

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(2) TECHNOLOGY TRANSFER AND LICENSING

138 Implied covenants and warranties (concerning title, non-infringement and validity) in patent licences

139 Implied terms under patent licences—interference and threats by licensor

140 Implied licence to use and sell a patented article by a buyer of the patented article

141 Implied warranty as to quiet enjoyment—patented articles

142 No implied obligation to exploit under a patent licence

143.1 Introduction

143.2 Best endeavours

143.3 Reasonable endeavours

143.4 All reasonable endeavours

144 Implied obligation to pay a reasonable royalty for a patent

145 The payment of interest on royalties for patents

146 Whether time is of the essence for the payment of patent royalties

147 Currency in which patent royalties should be paid and reference to ‘pounds’

148 Payment of royalties beyond the scope of a patent, after the expiration of a patent or termination of a licence

149 Royalty sharing (‘royalty stacking’)—IP licences

150 Other points arising on the payment of patent royalties

151 Termination for failure to allow auditing of accounts—patent licences

152 Right to inspect accounts to continue after termination of a patent licence agreement

153 Maintaining patents in force, requirement to pay royalties

154 Requirement to bring or defend proceedings for patent infringement