License Agreement Passive Sales

Article 101, paragraph 1 of the TFUE prohibits anti-competitive restrictions in enterprise-to-business agreements, including licensing agreements, unless they are justified by Article 101, paragraph 3, of the EUTS. Depending on the relationship between the parties and the purpose of the agreement, licensing agreements, in addition to the EUF, can be governed by a large number of EU regulations and EU guidelines. These include EU guidelines for horizontal cooperation, GMO guidelines and associated GMO guidelines, the R and D Class exemption regulation, the Green Category Exemption Regulation and related guidelines, as well as the EC`s contracting notice. Each of these instruments applies the principles set out in Article 101 of the TFUE to a certain type of agreement. The evidence assessed by the EC and the GC showed that Windows interoperability information was essential for competing developers of working group server systems to compete with Microsoft and that there was no viable alternative to this information. In instigating the EC`s decision, the GoC found that the denial of access by competing developers of working group servers to interoperability information risked eliminating effective competition in the working group server system market and that, in fact, some competitors had already been marginalized. In addition, Microsoft`s refusal not to license has prevented the emergence of innovative competing products that these competitors wanted to introduce. Whether it is patent, trademark, copyright or trade secrecy; There are different types of rights that apply to the different types of IP assets that are granted. Software licenses between companies may be governed by Article 101 of the TFUE, in which case the above rules on anti-competitive restrictions would generally apply. The GMO TT covers a subset of software licenses, i.e.

agreements under which software is granted to enable the taker to produce goods or services, including by integrating the software into contract products. The TT exempts the licence agreements covered from the review of cartels and abuse of dominance, provided that (1) the market shares held by the parties do not exceed the thresholds of market share of GMO TT and (2) that the agreement does not contain specific restrictions within the meaning of GMO TT.

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