Das Patentlizenzvertragsrecht in Deutschland, in der Schweiz und im Vereinigten Königreich

Patent license contracts are of considerable economic importance. They promote national and international competition as well as the progressive development of technologies. In many national legal systems, however, the legal frameworks applicable to patent license contracts exist in rudimentary form only. The author examines and compares the patent license contract laws of Germany, Switzerland and the United Kingdom. The legal comparison shows various differences in the applicable laws as well as substantial regulatory gaps. In the author’s opinion the latter require a harmonisation of patent license contract laws within the European Union. On this basis, the author develops a proposal for an EU directive, which seeks to harmonise the national laws in the interest of the parties to a patent license contract and in favour of economy and competition.