CASE COMMENT : ANTICOMPETITIVE PRACTICES - TECHNOLOGY TRANSFER - EC BLOCK EXEMPTION

Exemption : The European Commission adopts the new block exemption regulation on technology transfer

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Although intellectual property legislation grants exclusive exploitation rights, these are not outside the scope of competition law. Articles 81 and 82 of the EC Treaty on the prohibition of cartels and abuses of dominant position are applicable to agreements whereby the licensor licenses his intellectual property rights to another undertaking. However, if these agreements have a positive economic balance sheet, they benefit from the exemption provided for in Article 81(3) of the Treaty. The purpose of an exemption regulation is then to define the conditions under which a category of agreements may benefit from a presumption of a positive economic balance.

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Karine Biancone, Exemption : The European Commission adopts the new block exemption regulation on technology transfer, 27 April 2004, Concurrences N° 1-2004, Art. N° 26840, www.concurrences.com

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