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ARTICLE · 29 OCTOBER 1996

Block Exemption Regulation on Technology Transfer Agreements

Studio Legale Sutti
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ItalyFinance and Banking
I.HISTORY

Two exemption regulations have operated in the past for Patent Licensing Agreements (no. 2349/84) O.J. 1984 L 219/15. and for Know-How Licensing Agreements (no. 556/89) O.J. 1989 L 61/1.

The block exemption for patent licences covered not only agreements for technology that was the subject of a registered patent but included coverage for ancillary unregistered technology. This regulation was due to expire in 1994 but its operation has been extended to the end of 1995.

The patent regulation has come to be used almost exclusively only when there is no qualifying know-how included in the licence - usually where a patent dispute between competitors is resolved by the granting of a licence (see V. KORAH "EC Competition Law and Practice", London, Sweet & Maxwell, 1994).

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