publications:
updates & bulletins
licensing intellectual property after may 2004
The IP "safe harbour" - but can you get into port?
The impact of the new law
The technology transfer block exemption (TTBER)1 came into force
in the United Kingdom on 1 May 2004 and makes wide
ranging and complex changes to the law relating to licensing of intellectual
property rights. Despite the significant changes which this piece
of EC legislation makes to existing agreements, it has received little publicity.
The TTBER:
- Reflects the fact that notification of
an agreement to the EC or the UK authorities has been abolished
- Introduces
market share thresholds which can govern the validity of an intellectual
property
agreement
- Provides in applying market share thresholds that sometimes the
shares of the parties have to be aggregated; and that sometimes
it is the market shares of customers which are counted
- Changes the rules relating to the restrictions
which can be imposed on the parties
- Covers computer software licences
for the first time
- Introduces a new definition of knowhow
- Is accompanied by new and
lengthy guidelines on licensing
- Provides that agreements existing
on 30.04.04 have a transitional period until 31.03.06 to comply
with TTBER
- Is accompanied by new rules of court dealing with cases
involving competition law and intellectual property
litigation
Want to know more....
For further information please contact
Geraldine Tickle, Head of Competition Procurement & Regulation,
geraldine.tickle@martjohn.com
Martineau Johnson's publications are no substitute for taking advice
before reaching a decision on your individual problems. If you would
like any further information about any of the issues raised in our
publications please email us at lawyers@martjohn.com.
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