CEU Electronic Theses and Dissertations, 2015
| Author | Ievchuk, Nataliia Romanivna |
|---|---|
| Title | CONSTRAINTS TO FREEDOM OF CONTRACT IN PATENT LICENSING AGREEMENTS:A COMPARATIVE ANALYSIS OF THE US, EU AND UKRAINIAN SOLUTIONS |
| Summary | The thesis examines when, why and how the scope of freedom of parties to patent licensing agreements (in particular, those involving transfer of technology), including term-freedom and party-freedom, may be restricted by the provisions of competition law in the US, EU and Ukraine. In relation to the limitation of the term-freedom of the parties the thesis offers an overview and a comparative analysis of the current competition legislation and its practical application in the US, EU and Ukraine. With regard to the party-freedom restriction the thesis compares the approaches of the same jurisdictions to the assessment of the legality of refusal to license from the prospective of the competition law. Based on the learned experience of the US and EU jurisdictions, the thesis suggests solutions for the improvement of the current Ukrainian legislation in the sphere of competition law with regard to patent technology transfer licensing agreements. |
| Supervisor | Caterina Sganga |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/ievchuk_nataliia.pdf |
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