The EU Court of Justice holds that an open exclusive licence of plant breeder’s rights would not infringe Article 81(1) provided that they concern the introduction and protection of new technology in the licensed territory (Nungesser)

JUDGMENT OF THE COURT 8 JUNE 1982 [1] L. C. Nungesser KG and Kurt Eisele v Commission of the European Communities Case 258/78* 1. An industrial or commercial property right, as a legal entity, does not possess those elements of contract or concerted practice referred to in Article 85 (1) of the EEC Treaty, but the exercise of that right might fall within the ambit of the prohibitions contained in the Treaty if it were to manifest itself as