CASE COMMENTS: PROCEDURES - EUROPEAN UNION – LICENSE AGREEMENT – CARTEL

Arbitration: The Court of Justice of the European Union admits a request for a preliminary ruling submitted in the context of an appeal against an arbitration award (Genentech)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. At the origin of the preliminary ruling was a worldwide non-exclusive licence agreement under which the licensee was required to pay three royalties for the right to exploit a technology. It is true that the licensee had indeed paid both the one-off royalty and the annual royalty. On the other hand, the licensee never paid the so-called standard royalty corresponding to a percentage of sales of finished products. When the holder of the technology requested payment of the latter royalty, the licensee notified its decision to terminate the agreement. Having invoked the arbitration clause provided for in the agreement, the technology holder obtained from the

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Alexandre Lacresse, Arbitration: The Court of Justice of the European Union admits a request for a preliminary ruling submitted in the context of an appeal against an arbitration award (Genentech), 7 July 2016, Concurrences Nº 4-2016, Art. N° 82133, pp. 158-159

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