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…
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