European Commission Proposes Stricter EU Antitrust Rules on Technology Transfer

摘要

The European Commission recently tabled a draft Technology Transfer Block Exemption Regulation and Guidelines to replace the "safe harbour" rules in force for technology transfer arrangements. While reflecting various "good housekeeping" measures to clarify which licensing deals can benefit from the new regime, a tougher stance is also proposed in relation to certain provisions which have hitherto benefited from an automatic exemption. The scope of the guidance has also been expanded to embrace complex issues such as technology pools and settlement agreements, reflecting recent administrative practice that has developed in these areas. An interesting consultation process is anticipated by IP rights stakeholders.