Market share is assessed in both the market for the technologies in question and the product market in question. The cumulative market share held by competitors must not exceed 20% in the relevant market for the technology and products concerned for GMO TT. The individual market shares of non-competitors must not exceed 30% in the relevant markets for the technologies and products concerned. These market shares must be assessed by the parties themselves, which can sometimes be difficult in relation to the technology market in question. Therefore, the category exemption regulation requires that a number of relevant market definitions be considered, and the application of the regulation depends on that analysis. In circumstances where the assessment is not easy, it would therefore be appropriate for the parties to be notified. The new guidelines on technology transfer agreements reflect key changes to GMOs. Factors relevant to the case-by-case assessment are explained in detail. The guidelines also contain other guidelines for the evaluation of multilateral patent licensing agreements (“patent pools”) and the potentially problematic resolution of intellectual property disputes, a topic that has recently received a great deal of attention. Exemption by category: under these regulations, the European Commission can declare certain categories of state aid compatible with the Treaty on the Functioning of the EU if they meet certain conditions.
They are thus exempt from the Commission`s obligation to notify and authorize them. The scope of the category exemption regulation has been clarified in order to exclude all agreements covered by the exemptions by category for research and development (R and; D) and specialization agreements. As a result, the rules on competition exemptions for specialisation agreements and research and development agreements prevail over GMO. Specialization agreements are made between companies in order to optimize production capacity through joint production between companies or to agree that one company stops the production of a given product to buy it from another. The new category exemption regulation for technology transfers does not address transaction agreements. However, the Commission`s guidelines on the application of Article 101 of the TFUE to technology transfer agreements devote an entire chapter to transaction agreements. The new rules do not apply only to agreements reached after they come into force (May 1, 2014). Agreements under the previous regime had to be adapted to the new rules by 30 April 2015. Unlike licensing agreements, transaction agreements generally do not consider that the challenge clauses fall outside the scope of Article 101, paragraph 1. That is what the Commission acknowledges in the guidelines. The Commission notes that it is inherent in the transaction agreements that the parties agree not to challenge intellectual property rights at the heart of the dispute. However, exceptions may apply, for example.
B if the licensee urges the taker not to accept the validity of the IP legislation granted. The Commission`s underlying rationale for limiting the exemption is to encourage takers to develop innovations themselves and develop new technologies, which is more attractive if they are not required to return a licence to the licensee. On 1 May 2014, the revised EU regulation on the exemption by category of technology transfers came into force and the European Commission issued guidelines to this effect. While the new regulation, like its predecessor, provides a safe haven to characterize some technology transfer agreements as anti-competitive before being considered anti-competitive, some important changes need to be considered.