Technology Transfers The New Block Exemption

The new technology transfer block exemption came into force last month, after a controversial consultation process. Mark Turner and Phil McDonnell examine its impact.

Glossary

Field of use. An obligation on the licensee to limit the exploitation of the technology to a defined technical field of application.

Notice on Agreements of Minor Importance. Agreements which have been formally recognised by the Commission as not having an appreciable effect on competition and whose effect on inter-state trade is insignificant do not fall within Article 85(1). Broadly, the Commission has indicted that agreements will fall within this category if the products concerned and any equivalent products supplied by the parties do not represent more than 5 per cent. of the total market for such products in the area of the common market affected by the agreement and the aggregate group turnover of the parties the agreement does not exceed 300 million ECU (about £240 million). Reliance on the