Revision of the EU’s Group Exemption on Technology Licenses

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A revision of the EU’s Group exemption on Technology Licenses which exempts compliant licenses from the EU’s regulations on agreements in restraint of trade comes into effect on May 1, 2014. The most significant changes from the previous regulation are to remove protection for any type of exclusive grant back of rights in improvements and to remove the safe harbor from agreements that permit the licensor to terminate a license agreement if the licensee challenges the validity of the licensed patent. Non-compliant licenses should be brought into compliance with the new regulation by April 30, 2015.

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