The European Union adopts new rules for technology licensing agreements – The European Union has adopted a new regime for the evaluation of technology licensing contracts under EU competition law. Among the new rules is a new category exemption regulation for means of thought (TTBER), which provides for certain bilateral provisions (…) The new GMO TT introduces a new test to determine whether certain provisions of a technology transfer agreement, such as the purchase of raw materials or equipment from a licensee or the use of the licensee`s trademark, are exempt from the competition rules applicable to enterprise-to-company agreements and the technology transfer agreement itself. On 1 May 2014, the new EU Class Exemption Regulation on Technology Transfer came into force and new guidelines were published for the application of Article 101 of the Treaty on the Functioning of the European Union (TFUE) to technology transfer agreements. Together, they form the central framework of competition law for technology licensing. The inclusion of guidelines for patent comparisons reflects the Commission`s view, which has developed in light of the recent cases of Lundbeck, Servier, Johnson-Johnson and Novartis, all of which relate to pay-for-delays. The Tribunal confirmed the Commission`s approach to “delays in payment in the 2016 appeal procedure in the context of the Commission`s Lundbeck decision. The Tribunal argued that an agreement with a real or potential competitor to delay entry into the market in exchange for a monetary policy payment is a positive offence. The guidelines also refer, in this section, to the 2012 judgment in a case in which AstraZeneca is included and indicate that “non-contest clauses” can cause problems in transaction agreements if the IPR is granted after the provision of false or misleading information. At the same time, the European Commission has updated its guidelines on the application of Article 101 of the TFUE to technology transfer agreements. Similarly, technology pools often have pro-competitive effects, as they allow a single license for several technologies, often necessary to obtain an industrial standard.
However, cooperation within the pool can also be reduced to price-fixing agreements or silos of alternative technologies.Leave a reply