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- R+D & Community of Interest
(EU Court of Justice, Judgment of 07.07.2016, C-567/14; continuation of EU Court of Justice, Judgment of 12.05.1989, C-320/87 – Ottung)
No reimbursement of license fees already paid in the event of invalidity declaration or judicial determination of non-use of the licensed intellectual property rights
On July 7, 2016, the Court of Justice of the European Union confirmed a cornerstone of German licensing contract law in the preliminary ruling C-567/14 (Cour d'Appel de Paris). For over 100 years, German courts have held that license fees are not to be reimbursed if the licensed patent right is revo…
