The Danish Maritime and Commercial Court finds royalty provision contrary to the Danish Competition Act (Pandora Production / Lise Aagaard Copenhagen)

On 29 April 2010 the Danish Maritime and Commercial Court found that a provision in a license agreement according to which the licensee is required to pay royalty on sales even when the licensor's IPR is not used was contrary to Article 101 TFEU and the equivalent provision under Danish law and therefore null and void. The court applied the principles in the technology transfer block exemption regulation in arriving at this result. The Background Pandora production Co, Ltd. ("Pandora") is a producer of jewellery, including bracelets with charms, which are sold in more than 30 countries. In 2008 Pandora had a market

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  • Danish Competition and Consumer Authority (Copenhagen)

Quotation

Jacob Borum, The Danish Maritime and Commercial Court finds royalty provision contrary to the Danish Competition Act (Pandora Production / Lise Aagaard Copenhagen), 29 April 2010, e-Competitions April 2010, Art. N° 31474

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