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The Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than With The Current Regulation?, Maurits Dolmans, Anu Bradford
The Proposed New Technology Transfer Block Exemption: Is Europe Really Better Off Than With The Current Regulation?, Maurits Dolmans, Anu Bradford
Faculty Scholarship
This article discusses the legal and economic foundations, as well as the practical implications of the Commission's proposal for a new technology transfer block exemption regulation ("TTBER'') and associated Guidelines.
The article concludes that the new TTBER brings desirable flexibility to the assessment of the competitive effects of technology licensing agreements by abolishing the current division of the clauses into four categories of exempted, white, black and grey clauses. The Commission's proposal is also praised for extending the scope of the Regulation to software copyright licences and for exempting some efficiency-enhancing restrictions that currently fall outside of the TTBER. The …