Publication: Impact of Force Majeure on Intellectual Property Contracts
Date
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ASEM
Abstract
Description
PLOTNIC, Olesea, POPESCU Lucia. Impact of Force Majeure on Intellectual Property Contracts. Eastern European Journal of Regional Studies. June 2022, vol. 8, issue 1, pp. 90-106. ISSN 2537-6179, E-ISSN 1857-436X.
The topicality of the subject is determined by the devastating economic effects of the events of the last two years that have affected the economy of the whole world, namely the pandemic with Covid 19 and most recently, the war in Ukraine. These effects are equally disruptive for intellectual property contracts when it is impossible to perform the obligation for the length of time the force majeure event exists, or the party shall engage in efforts to mitigate the effects of the force majeure event to perform the obligation under intellectual property contract. The research aims to clarify what circumstances or events could be considered force majeure, as well as the applicability of legal provisions in the context of measures undertaken by authorities in relation to events occurred. In addition, the performance of intellectual property contracts in force majeure circumstances will be addressed. Following the compared analysis of national legislations and practices, as well as different opinions and considerations of academia, the research reveals what circumstances could be considered a force majeure event, what are its particularities and impact on intellectual property contracts. JEL: K 12, K 20; DOI: https://doi.org/10.53486/2537-6179.8-1.07
The topicality of the subject is determined by the devastating economic effects of the events of the last two years that have affected the economy of the whole world, namely the pandemic with Covid 19 and most recently, the war in Ukraine. These effects are equally disruptive for intellectual property contracts when it is impossible to perform the obligation for the length of time the force majeure event exists, or the party shall engage in efforts to mitigate the effects of the force majeure event to perform the obligation under intellectual property contract. The research aims to clarify what circumstances or events could be considered force majeure, as well as the applicability of legal provisions in the context of measures undertaken by authorities in relation to events occurred. In addition, the performance of intellectual property contracts in force majeure circumstances will be addressed. Following the compared analysis of national legislations and practices, as well as different opinions and considerations of academia, the research reveals what circumstances could be considered a force majeure event, what are its particularities and impact on intellectual property contracts. JEL: K 12, K 20; DOI: https://doi.org/10.53486/2537-6179.8-1.07
Keywords
force majeure, impediment, contractual liability, intellectual property contract