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Authored by: Anonymous on Saturday, May 11 2013 @ 05:43 AM EDT |
Interesting question.
- To stop paying royalties would be a breach of
contract by the payer;
- however, could the contract be declared void as it
was made under duress of legal threats which are impossible to uphold, or be
made, now (and should have been impossible to make then?)
- there could be
clauses in the contract stating that to stop paying royalties would make the
contract void and that the licensee would have no licence to use the patent (but
as the patent would no longer be valid, it would make no difference);
- could
the contract be declared void as it would be a misrepresentation to continue as
the payments are for use of a patent which no longer exists;
- the
consideration by the licensor (ie use of the patent) no longer exists, so would
the contract be voided on that basis?
The real question is what about the
past royalty payments? (especially if they are considered to be made under
duress)
cm
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