Legislative Implementation of Flexibilities - Uruguay
| Title: | Article 52 of the Law No. 17.164 Regulating Rights and Obligations Relating to Patents, Utility Models and Industrial Designs No. 1.827*R of 02/09/1999 |
| Field of IP: | Patents |
| Type of flexibility: | Ex-officio IP office control of anti-competitive clauses in licensing agreements |
| Summary table: |  |
Provisions of Law
52. Contractual licenses may not contain clauses or terms that have an adverse impact on competition, constitute unfair competition, lead to possible abuse by the owner of the patented right or of his dominant position on the market.
In particular, clauses or terms that have the following effects shall not be included:
(a) cause a prejudicial impact on trade;
(b) impose exclusive grant back conditions;
(c) prevent contestation of the validity of dependent patents or licenses;
(d) place restrictions on the licensee at the commercial or industrial levels when they are not derived from the rights conferred by the patent;
(e) place restrictions on exporting the product protected by the patent to countries with which there is an agreement on establishing an economic and trade integration area.