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The New Technology Transfer Block Exemption: A Welcome Reform, After All, Maurits Dolmans, Anu Bradford
The New Technology Transfer Block Exemption: A Welcome Reform, After All, Maurits Dolmans, Anu Bradford
Faculty Scholarship
This article discusses the most important changes introduced at the final stage of the Commission's review of the technology transfer block exemption regulation (“TTBER"), and examines the benefits and the challenges of the new regulatory framework for technology licensing.
The new TTBER represents a significant improvement over the Commission's draft TTBER, published in October 2003. Most importantly, the Commission agreed to revise the list of hardcore restrictions between competitors, which was over-inclusive and had the potential to seriously hinder technology licensing in horizontal agreements. In addition, the list of hardcore restrictions between non-competitors and the interpretation of "know-how'' (and thus …