Have you amended your agreements containing licensing of technology rights?

The transitional period granted for technology transfer agreements ended on 30 April 2015. this means that all patent and licensing agreements, including supply and distribution agreements containing licensing of technology rights, have to comply with the new 2014 eU tech transfer block exemption instead of the old 2004 block exemption. there are new limitations introduced in the 2014 block exemption that have to be addressed with regard to existing agreements. If your agreements contain provisions regarding the points below, it is advisable to consult legal expertise.

Sales restrictions
It is no longer permitted to restrict a licensee’s sales in an   exclusive territory or for a customer group reserved for another licensee.

Restrictions of technology application
The licensee may no longer be obliged to produce with the licensed technology rights only within particular fields of use or markets.

Exclusive licenses within a territory
Obligations on the licensor not to license the technology to another licensee in a particular territory is no longer possible. Licensors and licensees should review their current stock of agreements containing licensing of technology rights in order to ensure that they comply with the above amendments to EU competition law. If you would like to know more, please contact us for assistance.