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ARTICLE · 15 DECEMBER 2011

Protecting Your Technology In The EU

McGuireWoods LLP
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On Dec. 6, 2011, the European Commission (EC) started a consultation on the application of the EU competition law rules to "technology transfer agreements" (TTAs). TTA is the EC’s term for patent, know-how and software copyright licensing agreements, as well as similar agreements.

European UnionMedia, Telecoms, IT, Entertainment
Matthew Hall
Matthew Hall

European Commission Consults on New Rules for Licensing of Patents and Know-how

On Dec. 6, 2011, the European Commission (EC) started a consultation on the application of the EU competition law rules to "technology transfer agreements" (TTAs). TTA is the EC's term for patent, know-how and software copyright licensing agreements, as well as similar agreements.

The current regime consists of a "block exemption regulation," which creates a safe harbor under EU competition law for certain TTAs, plus guidelines on the application of the block exemption and on the assessment under EU competition law of agreements that fall outside the block exemption. These rules, which came into force in 2004, expire in May 2014, and the EC is seeking views on how to replace them.

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