| Abstract: | Legal content: This article intends to raise awareness of the English law doctrineof licensee estoppel and how it may be relevant in practice.The relevant English case law and its relationship with Englishstatute and European legislation are discussed. Key points: Many practitioners are unaware of the nature and significanceof licensee estoppel under English law. The doctrine of licenseeestoppel seems at first sight to run contrary to European competitionlaw: this situation is made more complicated by the fact thatEuropean legislation and case law seems to presume that sucha doctrine does not exist. Once the doctrine itself and itsrelationship with European competition law have been explained,the remedies that are available and commercially relevant tolicensees become clearer. Practical significance: These considerations are relevant to practitioners draftingand negotiating technology transfer agreements under Englishlaw, as well as to those advising licensors and licensees ontheir rights and available remedies. |
