Europe's tech transfer regime: headaches for IP licensees and licensors?

摘要

The European Commission has revamped the competition law regime applicable to technology transfer agreements. The Commission hopes that the new rules will facilitate the sharing of IP, while embodying a "prudent" approach towards clauses which might harm competition and innovation. This will "preserve a level playing field in the Single Market." In reality the new rules are likely to alter the dynamics of IP licensing negotiations - making agreement harder to reach and IP disputes more common, especially following the expiry of the transitional period. IP licensors, licensees and their advisers should take note of the changes, which may cause some headaches while businesses re-adjust to the new status quo.