A Study On Non-challenge Clause

As the embodiment of technology transactions,patent license has increasingly been developing along the reform and openness of China.Many new legal issues emerged in patent license practice,such as various points of non-challenge clause in patent license contract.These points include the legal effect of the clause itself in license contract and settlement agreement,the legal effect of the terminated clause,the royalty payment during challenging the validity of patents and the retroactivity of paid royalty etc.In order to build the legal rules of the non-challenge clause which suitable with the country's economics and technology development,conducting study to issues,legal frames and principles of the non-challenge clause,so that make the technology transaction proceed in order and advance the economics and technology development.The author provide the legal construction and amendment suggestions for the non-challenge clause based on the following studying: the causes of emerging of non-challenge clause issues,the positive and negative influences of the non-challenge clause,the legal frames and legal effects of the non-challenge clause in China and other jurisdictions.