Ipostaze ale principiului legalității în materia cauzelor de încetare a contractului de licență – Privire asupra cazului expirării brevetului de invenție
Hypostases of the Principle of Legality regarding the Termination of the Licensing Agreement – A look upon the Case of Patent Expiration

Summary/Abstract: The principle of legality is a multifaceted one, as its physiognomy takes a certain shape depending on the field of law that we take into account. Regarding Civil Law, the doctrine pleads for retaining a principle of legality in terms of the causes of termination of an agreement. Through our study, we aim to apply this principle with regard to the causes of termination of the licensing agreement, having as its object a patented invention. Precisely we intend to identify if there is any legal ground for the termination of a licensing agreement when the patent term expires. In the first section, we will discuss the main consequences of patent expiration. The second section will be dedicated to analysing the repercussions that such an event has in terms of the contractual relationship. We will conclude, in light of the aforementioned principle, that there exists a legal ground for the termination of a licensing agreement, when the patent term expires.

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