Suggested issues for European Commission Guidelines to the Transfer of Technology Block Exemption
Prepared by Commissions on Competition and on Intellectual Property
Prepared by the ICC commission on :
Publication date : 15/05/2002 | Document Number : 225/573
In order to provide legal certainty to undertakings operating in the European Union (“EU”) and entering into technology transfer agreements, it is essential that the revised.Technology Transfer Block Exemption (“TTBE”) and any accompanying guidelines (the “Guidelines”) be as transparent and unambiguous as possible.
This is all the more essential in light of the EU’s modernization proposal, which would devolve to Member State authorities a greater role in interpreting EU competition law, thus raising the risk of multiple, conflicting interpretations of identical legislation throughout the EU.
This paper has been drafted to highlight certain issues that may merit further elaboration by the European Commission (“Commission”) in the Guidelines.
It focuses in particular on marketdefinition, multi-party licensing and on situations where one or more of the parties involved in a technology transfer agreement would exceed the market share thresholds of the revised TTBE.
It also highlights the need to clarify how such agreements would be treated under the Guidelines.
For further information, please contact
Caroline INTHAVISAY
Policy Manager, Competition and Transport & Logistics
Tel:
+33 (0)1 49 53 28 37
caroline.inthavisay@iccwbo.org