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The New EU Technology Transfer Regime, Like a Rolling Stone?

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Listed:
  • Paul LUGARD

    (Partner, Baker Botts LLP, Brussels)

Abstract

This article discusses the changes made by the new block exemption regulation, Regulation 316/2014, to the analytical framework under EU competition law of technology transfer agreements. The new EU Technology Transfer regime introduces major modifications with respect to the analysis of grant-back provisions, technology pool licenses and provides significantly more powers to licensees to challenge the validity of licensed intellectual property rights. While these changes have been presented as minor modifications, they express significant concerns about patent thickets and licensees with weak bargaining positions and may have profound repercussions for the admissibility and enforceability of provisions included in new and existing licensing agreements.

Suggested Citation

  • Paul LUGARD, 2014. "The New EU Technology Transfer Regime, Like a Rolling Stone?," Communications & Strategies, IDATE, Com&Strat dept., vol. 1(95), pages 41-60, 3rd quart.
    • Handle: RePEc:idt:journl:cs9502
    as

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    File URL: http://repec.idate.org/RePEc/idt/journl/CS9502/CS95_LUGARD.pdf
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    References listed on IDEAS

    as
    1. Katrin Cremers & Max Ernicke & Fabian Gaessler & Dietmar Harhoff & Christian Helmers & Luke McDonagh & Paula Schliessler & Nicolas Zeebroeck, 2017. "Patent litigation in Europe," European Journal of Law and Economics, Springer, vol. 44(1), pages 1-44, August.
      • Cremers, Katrin & Ernicke, Max & Gaessler, Fabian & Harhoff, Dietmar & Helmers, Christian & McDonagh, Luke & Schliessler, Paula & Van Zeebroeck, Nicolas, 2013. "Patent litigation in Europe," ZEW Discussion Papers 13-072, ZEW - Leibniz Centre for European Economic Research.
      • Katrin Cremers & Max Ernicke & Fabian Gaessler & Dietmar Harhoff & Christian Helmers & Luke Mc Donagh & Paula Schliessler & Nicolas van Zeebroeck, 2017. "Patent litigation in Europe," ULB Institutional Repository 2013/226239, ULB -- Universite Libre de Bruxelles.
    2. Georg Graevenitz & Stefan Wagner & Dietmar Harhoff, 2013. "Incidence and Growth of Patent Thickets: The Impact of Technological Opportunities and Complexity," Journal of Industrial Economics, Wiley Blackwell, vol. 61(3), pages 521-563, September.
    3. Maria Pluvia Zuniga & Dominique Guellec, 2009. "Who Licenses out Patents and Why?: Lessons from a Business Survey," OECD Science, Technology and Industry Working Papers 2009/5, OECD Publishing.
    4. Mejer, Malwina & van Pottelsberghe de la Potterie, Bruno, 2011. "Patent backlogs at USPTO and EPO: Systemic failure vs deliberate delays," World Patent Information, Elsevier, vol. 33(2), pages 122-127, June.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    EU competition law; licensing; transfer of technology; technology block exemption regulation; patent thicket; grant-back; no-challenge; technology pools.;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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