European Union Adopts New Rules for Technology Licensing Agreements

The European Union has a new regime for assessing technology licensing agreements under EU competition law. The new rules include a new technology transfer block exemption regulation ("TTBER"), which exempts certain bilateral licensing agreements from antitrust rules, and revised Technology Transfer Guidelines ("TT Guidelines"), which provide further guidance on the application of the rules to both bilateral and multi-party agreements.  These rules cover all technology licensing agreements that may affect trade between EU Member State and therefore be subject to Article 101 TFEU.  In force beginning 1 May, they replace the current rules dating from 2004. However, undertakings have until 30 April 2015 to ensure that existing agreements are put in conformity with the new rules.