EU: Commission rethinks patent licensing rules

The European Commission announced Friday that new rules have been adopted regarding how technological patents are licensed to rivals as the regulator looks to streamline such policies while promoting innovation.

According to the Commission, the new rules aim to help businesses license patents in line with EU law. While the regulator assured that the new rules continue to “reflect that licensing is in most cases pro-competitive,” the authority has issued new guidelines on certain aspects of IP licensing.

Among the changes includes the promotion of so-called “patent pools,” which allow licensees access to several patents at once, including standard-essential patents.

The new rules also impose stricter rules on which licensing clauses are exempt from antitrust law when deals are struck to license technology. Among the clauses no longer automatically exempt are clauses that allow the patent owner to end a non-exclusive agreement if the validity of the IP rights are challenged.

New rules also concern settlement agreements, according to the authority.

Full Content: Europa

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