Proposed Amendments to the EU Competition Assessment of Technology Transfers

more+
less-

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April 2014.

The Commission proposes "to update the current regime in order to strengthen incentives for research and innovation, facilitate the diffusion of intellectual property and stimulate competition."

The Existing Rules -

Broadly speaking, licensing is seen as pro-competitive as it entails the diffusion of intellectual property and the promotion of innovation. However, competition concerns can arise in relation to certain restrictions placed on licensees as to the way they are permitted to use the licensed technology. At the extreme end, an agreement between two competitors to use patents to divide markets between them would clearly be problematic.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Competition, Competition Assessment, EU, European Commission, Licenses, Patent Pools, Patents, Technology, Technology Transfer Agreements

Published In: Antitrust & Trade Regulation Updates, General Business Updates, Intellectual Property Updates, International Trade Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »