This article posted on our partner site Mondaq.com outlines the major changes to the competition laws and rules which came into effect in 2014 that apply to technology transfer agreements. While several detailed changes were introduced, those most important include: (1) a new legal test for assessing the applicability of a block exemption which provides automatic exemption from the prohibition on anti-competitive agreements in certain situations; (2) a change to the treatment of certain passive sales restrictions; (3) the removal of exclusive grant back obligations; (4) changes to the treatment of termination clauses; and (5) clarifications of the European Commission’s approach to settlement agreements. This is a good read for (among others) contract negotiators who would like to consider the elements of a license agreement that will either restrict or nurture competition and innovation.

 

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