Technology Transfer Agreement Regulation

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* Patent pools: an agreement between two or more patent holders, one or more of their patents to be granted between themselves or to third parties. Nevertheless, some technology companies feel that this time frame is still too short to reflect the reality of their growth and that their businesses are hampered by the need to renegotiate contracts after a relatively short period of time if a given product is successful. Innovative companies should be the most affected. Two parties do not have to compete at the time of the conclusion of a technology transfer agreement, but further developments could mean that they will become competitors within the meaning of GMOs TT. In such a situation, the basic list remains applicable to non-competitors instead of a stricter list for competitors, unless the agreement is substantially amended. In this context, parties that enter into a technology transfer agreement and are currently considered non-competitors, but may be recrested as competitors in the near future, may be advised to opt for a longer-term agreement, possibly including discontinuation clauses. Finland: Study on EU competition rules for technology agreements* On 12 August 2010, the Ministry of Employment and Economy published a report by the Finnish Competition Authority on the competition rules applicable to technology agreements. This report examines how the EU (…) The new rules will not only apply to agreements concluded after their entry into force (1 May 2014). Agreements concluded under the previous regime had to be adapted to the new rules by 30 April 2015. Although the law on intangible assets grants exclusive rights of exploitation, these do not fall within the scope of competition law.

Articles 81 and 82 of the EC Treaty on the prohibition of cartels and the abuse of a dominant position apply to agreements in which the grantor has its market share is assessed both in relation to the market for the technology concerned and to the relevant product market. The combined market share of competitors must not exceed 20% on the market for the technology and products concerned for GMO TT to apply. The individual market shares of non-competitors must not exceed 30% in the relevant technology and product markets. These market shares are assessed by the parties themselves, which can sometimes be difficult in relation to the relevant technological market. Therefore, GMO TT requires the consideration of a number of relevant market definitions and the application of the Regulation depends on this analysis. Therefore, in cases where the assessment is not easy, it would be appropriate for the parties to have the opinion of an expert. An agreement that is not covered by GMOs TT is not necessarily illegal, as it cannot be considered restrictive of competition on the ground or, although restrictive of competition, can be justified (taking into account the Guidelines) on the basis of this recent monograph by Professor Korah on the recent block exemption consisting of a detailed and critical commentary on the block exemption. for technology transfer and the 2004 guidelines.

and the case law of the ECJ and the Commission on licensing and licence refusal, as well as comments (…) Regulation No 772/2004 of 27 Article 81(3) of the EC Treaty applies to categories of technology transfer agreements, OJ L 337, 27.7.2004, p. 1. (2) OJ L 123, 27 April 2004. . . .

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