ALERT: UNILATERAL PRACTICE - LICENCE - PARENT - ROYALTIES - ANNULMENT

Preliminary ruling: The Court of Justice of the European Union rules that article 101(1) TFEU must be interpreted as not precluding the imposition on the licensee, under a licence agreement such as that at issue in the main proceedings, of a requirement to pay a royalty for the use of a patented technology for the entire period in which that agreement was in effect, in the event of the revocation or non-infringement of a licenced patent, provided that the licensee was able freely to terminate that agreement by giving reasonable notice (Genetech/Hoechst/Sanofi)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 7 July 2016, the Court of Justice of the European Union gave judgment http://curia.europa.eu/juris/docume... in Case C-567/14 (Genentech Inc. v Hoechst GmbH, formerly Hoechst AG, Sanofi-Aventis Deutschland GmbH) Reference for a preliminary ruling by the Cour d'appel de Paris by order of that court of 9 December 2014. This case is part of an action for the annulment of arbitral awards between Genentech Inc, a Delaware corporation, and the pharmaceutical companies Hoechst and Sanofi-Aventis. In 1992, the German company Behringwerke AG, subsequently taken over by the German company Sanofi-Aventis Deutschland, granted Genentech a worldwide non-exclusive

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Preliminary ruling: The Court of Justice of the European Union rules that article 101(1) TFEU must be interpreted as not precluding the imposition on the licensee, under a licence agreement such as that at issue in the main proceedings, of a requirement to pay a royalty for the use of a patented technology for the entire period in which that agreement was in effect, in the event of the revocation or non-infringement of a licenced patent, provided that the licensee was able freely to terminate that agreement by giving reasonable notice (Genetech/Hoechst/Sanofi), 7 July 2016, Concurrences Nº 4-2016, Art. N° 82231, www.concurrences.com

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