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In December 2014 the European Commission published its 5th Report on the monitoring of patent settlement agreements in the EEA in respect of the period January to December 2013. The focus of the report was to gather some insight into the types of agreements being entered into between originator and generic companies and to identify the types of agreements that were resulting in a delay to generic entry to the market. While these types of agreements can potentially give rise to competition law issues the Report does clarify that there is no presumption of any legislative breach and that each case would require analysis of the merits and specific circumstances.


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Audit provisions are a common feature of a wide range of IP and technology agreements. They can be seen by those seeking the audit right as a practical way to monitor key aspects of a commercial deal. Security standards being applied to data, accuracy of billing, compliance with licence restrictions or, in some cases, general