Pat Treacy is speaking at MBL Seminar’s IP licensing and EU Competition law workshop
For many businesses, IP rights are valuable assets – and licensing is one of the main ways of exploiting them. Other firms need IP licences to get their products and services to market.
This workshop is designed for those who wish to further their understanding of the treatment of IP licensing under EU competition law, and who want to learn how to craft IP licences in a way that minimises competition law risk.
The workshop will begin with a presentation, and then use a series of case studies to explore some of the common competition law pitfalls that arise in the context of IP licensing.
The workshop will cover the following topics:
• The basics
o Relationship between IP and competition law
o Key characteristics of IP licence agreements
o EU competition law’s approach to such agreements and their potential pro- and anti-competitive effects
o Impact of related transactions
o Consequences of infringing competition law
• The competition law framework for IP licensing
o Article 101 TFEU and the block exemption ‘safe harbours’
o The 2014 Technology Transfer Block Exemption (TTBE) and accompanying Guidelines – purpose and scope
o Potentially problematic IP licence clauses under Article 101 and the TTBE
o Issues to watch out for under Article 102 TFEU
o Recent case law on competition law and IP licensing (e.g. CJEU preliminary reference in Genentech v Hoechst; developments in the treatment of non-challenge clauses)