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Part VI Agreements Concerning Patented Technology, 12 Technology Transfer

Edited By: Lars Kjølbye

From: Antitrust and Patent Law

Alan Devlin
Edited By: Lars Kjølbye (Consultant editor)

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 October 2021

European Union — Copyright — Licensing — Rights — Technology transfer agreements — United States

This chapter addresses technology transfer, through which patentees license their claimed technologies in upstream licensing markets. Many competition lawyers who practise in the patent space advise clients on intellectual property (IP)-licensing contracts and on the various clauses that can create antitrust issues. The chapter provides such attorneys with an account of both EU and US law, and explains why the law deems certain restraints to be problematic. It also explores a common patent-licensing arrangement taking the form of patent pools and portfolio cross-licensing deals. Such mechanisms are distinct from technology-transfer agreements, as they predominantly entail competitors in downstream product markets cross-licensing one another—and, in the case of a patent pool, licensing third parties—to create a clearing position.

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