Impact of Force Majeure on Intellectual Property Contracts

Abstract

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