The New EU Technology Transfer Regime, Like a Rolling Stone?

Paul Lugard
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Paul Lugard: Partner, Baker Botts LLP, Brussels

Communications & Strategies, 2014, vol. 1, issue 95, 41-60

Abstract: This article discusses the changes made by the new block exemption regulation, Regulation 316/2014, to the analytical framework under EU competition law of technology transfer agreements. The new EU Technology Transfer regime introduces major modifications with respect to the analysis of grant-back provisions, technology pool licenses and provides significantly more powers to licensees to challenge the validity of licensed intellectual property rights. While these changes have been presented as minor modifications, they express significant concerns about patent thickets and licensees with weak bargaining positions and may have profound repercussions for the admissibility and enforceability of provisions included in new and existing licensing agreements.

Keywords: EU competition law; licensing; transfer of technology; technology block exemption regulation; patent thicket; grant-back; no-challenge; technology pools. (search for similar items in EconPapers)
JEL-codes: K21 (search for similar items in EconPapers)
Date: 2014
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http://repec.idate.org/RePEc/idt/journl/CS9502/CS95_LUGARD.pdf

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