INTRODUCTORY REMARKS AND CONCERNS
Jacques-Philippe Gunther (Willkie Farr & Gallagher)
Mr. Gunther made several introductory remarks on the new “technology” package, with a particular focus on the main topics likely to raise questions and concerns in the future. Mr. Gunther acknowledged the various clarifi cations offered by the European Commission (e.g., the TTBER only applies if the block exemption regulations on R&D and specialisation agreements are not applicable), but underlined the sometimes complex relationship between the TTBER and the accompanying Guidelines, as the latter deal with certain issues which are outside the scope of the TTBER (e.g., the Guidelines provide for a “safe harbour” for patent pools, while being expressly excluded from the TTBER). Mr. Gunther pointed out that this could lead to legal uncertainty for practitioners who have to handle a directly applicable regulation, while taking into consideration important “soft law” in the Guidelines. Hence, the question as to what criteria govern such a split, and how these two texts will interact.