Hands Across the Water – the Special Relationship in IP Licensing

It is no surprise that intellectual property rights holders often wish to monetise their rights by means of some form of licensing arrangement.


In a patent context, licensing the right to work a particular invention can allow a patentee to concentrate on innovation or marketing of a select range of products, whilst ensuring that they are compensated for others making wider use of their inventions.

International IP licensing was the subject of a paper presented by Virginia Driver to the Spring Meeting of the American Intellectual Property Law Association in San Diego.

The paper entitled ‘Hands Across the Water – the Special Relationship in IP Licensing’ which was co-authored with Alex Driver of Powell Gilbert covers:

EU Competition Law and IPRs

  • Applicability of EU Competition Law to Transatlantic Licences
  • Application of Article 101
  • Market Thresholds Required to Trigger Article 101

The Technology Transfer Block Exemption (TTBR)

  • Safe harbour from Article 101?
  • Applicability of the TTBER
  • No-challenge Clauses Under the TTBER
  • Terminate on Challenge clauses under the TTBER
  • No-challenge Clauses Outside the Remit of the TTBER

Governing Law / Jurisdiction

  • Brexit: Implications for IP agreements
  • Rights, actions and clauses
  • UK National Competition Law

Click here to download a copy of Hands Across the Water – the Special Relationship in IP Licensing.

 

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