The New Technology Transfer Block Exemption Under EC Competition Law

Abstract

This article looks at the recently published new EC block exemption regulation for technology transfer agreements (a term that covers many, though not all, intellectual property licensing agreements) and the accompanying Guidelines. The purpose of this paper is to (a) discuss the importance of IP licensing in the broader economic context (what degree of market power should be conferred on licensors?); (b) set out the general scheme of the new system introduced by the technology transfer block exemption; (c) examine specific types of restraints; and (d) identify the key changes introduced by the new technology transfer block exemption, compared to the old one.

Keywords: EU law, competition, antitrust, intellectual property, licensing, block exemption

JEL Classification: K21, L42