As of 1 May 2004, many licensors and licensees of patents, know-how and computer software in Europe will need to step up their efforts to ensure that they comply with European competition law. Companies without signiﬁcant market power will enjoy greater ﬂexibility than in the past to tailor licenses to their particular needs. But companies which license competitors or which have market power need to review their market position and licenses more carefully and more frequently.
Antitrust and Trade Regulation
Date of this Version
Axel Gutermuth, Thomas Mueller, and John Ratliff, "Antitrust and Competition Law Update: New European Licensing Rules Require Fresh Assessment of Existing and New Intellectual Property Licenses" (May 2004). Wilmer Cutler Pickering Hale and Dorr Antitrust Series. Working Paper 18.