Jurisdiction(s):
United Kingdom

EU Technology Transfer Block Exemption Regulation: Scope, Duration, Party Classification, Market Share Thresholds, Hardcore and Excluded Restrictions, Withdrawal, and Assessment of IP Licensing Outside TTBER under Article 101 TFEU

Published by a LexisNexis Competition expert

Practice notes

Intellectual property laws grant exclusive entitlements to holders of patents, copyright, design rights, trade marks and other protected rights. Owners of intellectual property rights (IPRs) may stop unauthorised use of their IP and may exploit it, for instance by granting licences to third parties. However, the ability to commercialise does not shield IPRs from scrutiny under competition law. Like any other arrangement, deals involving IPRs (e.g., licences enabling a licensee to use the licensor’s IPRs) must comply with Article 101(1), TFEU. For many would-be licensees and licensors, the initial task in checking whether their arrangements accord with EU competition rules is to consider if a block exemption regulation can apply. The block exemption most commonly relevant to an IP licence is the Technology Transfer Block Exemption Regulation (TTBE, Regulation 316/2014), the latest iteration of which took effect on 1 May 2014 and expires on 30 April 2026. Article 2 of the TTBE excludes technology transfer agreements from the scope of Article 101(1), TFEU...

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Web page updated on 21/05/2026

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