Transactions and practices: EU Intellectual property transactions

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.

Tony Woodgate, Simmons & Simmons and Oliver Heinisch, formerly of Simmons & Simmons (updated by Practical Law Competition)


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