Transactions and practices: EU Intellectual property transactions | Practical Law

Transactions and practices: EU Intellectual property transactions | Practical Law

A potential tension exists between the rules of the Treaty on the Functioning of the European Union (TFEU) that aim to promote competition and free movement of goods and services, and the national laws that protect intellectual property (IP) rights. This tension must be kept in mind when drafting or reviewing an agreement or consider a practice related to IP rights.

Transactions and practices: EU Intellectual property transactions

Practical Law UK Practice Note 7-107-3704 (Approx. 78 pages)

Transactions and practices: EU Intellectual property transactions

by Based on an original by Tony Woodgate and Oliver Heinisch, both formerly of Simmons & Simmons (updated by Practical Law Competition)
Maintained • European Union
A potential tension exists between the rules of the Treaty on the Functioning of the European Union (TFEU) that aim to promote competition and free movement of goods and services, and the national laws that protect intellectual property (IP) rights. This tension must be kept in mind when drafting or reviewing an agreement or consider a practice related to IP rights.
This Practice note examines the principles of EU law that apply to IP rights generally; the application of Article 101 of the TFEU to licences of technology (patents and know-how), trade marks, copyright and computer software; and the application of Article 102 of the TFEU to the exercise of IP rights from a practical perspective.