Time to re-think your commercial licence?
Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits agreements that have as their object or effect, the prevention, restriction or distortion of competition within the EU. As with other block exemptions, the existing Technology Transfer Block Exemption Regulation (the existing TTBER) provides a safe harbour for certain categories of agreements, in this case technology licensing agreements (broadly, where a licensor allows a licensee to employ licensed technology — patents, utility models, know-how, etc — to produce goods or services), from the usual provisions of Article 101(1).
The existing TTBER has been in effect since 1 May 2004 and is due to be replaced from 1 May 2014 and the European Commission has recently published its
proposals for its successor.
Before considering the principal changes proposed in the Draft Commission Regulation on the application of Article 101(3) of the Treaty of the Functioning of the European Union to categories of technology transfer agreements, it is worth recalling the principal features of the existing TTBER…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
In the recent case of West v Ian Finlay & Associates, the Court of Appeal found that net contribution clauses ‘are by no means unusual’.
The Financial Reporting Council has published changes to the UK Corporate Governance Code.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.