Commission Invites Views on Technology Transfer Regulations
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The Commission has invited interested parties to make submissions to it regarding EU competition law rules for the assessment of technology transfer agreements, i.e. patent, know-how and software licensing. The current regime consists of a block exemption regulation ("TTBER") that create a safe harbour for certain agreements, as well as on the assessment of agreements that fall outside the TTBER. The current TTBER exempts certain agreements that are considered to be non-problematic from a competition law perspective under European law. To qualify for an exemption, agreements need (i) to produce positive effects which outweigh the restrictions inherent in the agreement and (ii) be concluded either between rivals who have less than 20% market share or between non-competitors who have less than 30% market share. The TTBER also defines certain hardcore restrictions, which never qualify for an exemption, such as fixing of prices charged to third parties.
The current TTBER will expire in April 2014 and the Commission is seeking input on the proposal for assessing technology transfer agreements after this date.
The Commission has published a questionnaire to facilitate initial engagement with relevant interested parties. It is crucial that Irish industry players, particularly in the technology and pharmaceutical sectors, engage in this process in order to ensure their interests are represented at a European level and in order to share their unique experiences in the technology transfer arena.
