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Image header Agence Europe
Europe Daily Bulletin No. 11044
Contents Publication in full By article 16 / 31
ECONOMY - FINANCE / (ae) antitrust

Revised competition regime for technology transfer agreements

Brussels, 21/03/2014 (Agence Europe) - On Friday 21 March, the European Commission introduced new rules for the assessment of technology transfer agreements under EU antitrust rules. The purpose of such agreements is to enable companies to license the use of patents, know-how or software held by another company for the production of goods and services. The revised rules facilitate such sharing of intellectual property, including through patent pools, and provide clearer guidance on licensing agreements that stimulate competition. Revision of the rules began at the end of 2011 and made use of two public consultations. The new rules continue to reflect that licensing is in most cases pro-competitive. The Commission has made incremental improvements to the current regime, which overall received positive feedback from stakeholders in the two public consultations. The rules, which come into force on 1 May 2014, give new guidance on patent pools, which are often pro-competitive. A more prudent approach is being taken on clauses that could harm competition and innovation. Certain types of clauses are no longer automatically exempted from antitrust rules but have to be assessed case-by-case. (EL)

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