The European Commission adopts new safe harbour for licensing of patents, know-how and software copyright

"Commission adopts new safe harbour for licensing of patents, know-how and software copyright"* The European Commission has adopted on the 7th of April new rules for applying competition policy to the licensing of patents, know-how and software copyright. The new block exemption regulation, Commission Regulation (EC) No 772/2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements (the TTBER), was adopted together with a set of guidelines, Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements (the Guidelines) [1]. These new rules facilitate licensing. From the 1st of May licensing agreements benefit from an improved safe harbour, saving many agreements from individual scrutiny. The new rules reduce

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Authors

  • European Commission - DG COMP
  • European Commission - DG COMP
  • Latham & Watkins (Brussels)

Quotation

Luc Peeperkorn, Donncadh Woods, Lars Kjølbye, The European Commission adopts new safe harbour for licensing of patents, know-how and software copyright, 27 April 2004, e-Competitions Bulletin Licensing agreements, Art. N° 36892

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