- Introduction
- Patents in Europe
- Trade Marks in Europe
- Copyright in Europe
- Design Protection in Europe
- Plant Variety Rights in Europe
- Intellectual Property and Free Movement of Goods
- Intellectual Property and Article 81
- Intellectual Property and Joint Ventures
- Article 81, Distribution and Franchising Agreements
- Abuse of a Dominant Position
- Proceedings involving IPRs and Competition Law
- Enforcement of IPRs and Border Controls
- Jurisdiction and Intellectual Property
Intellectual Property and Article 81
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No-challenge clauses
para 8.192 In Knorr-Bremse [2008] EWHC 156, which concerned an application whereby the defendant disputed the jurisdiction of the English court, an issue rose whether a no-challenge clause in a settlement agreement prevented the claimant from raising the validity of a European patent in English proceedings. The High Court of England held that there was a good arguable case that the clause was contrary to Art.81 (applying Bayer v Sullhofer) on the grounds that the relevant market was oligopolistic.
para.8.124 See Knorr-Bremse [2008] EWHC 156 where the High Ct. held, applying Bayer v Sullhofer, that there was a good arguable case that a no-challenge clause in a patent litigation settlement agreement was contrary to Art.81
