Trade Mark & Copyright Licence Agreements - Managing Competition Issues

Introduction

IP licence agreements in the field of trade marks, copyright, and other related rights can raise a whole host of competition issues.

In a worst-case scenario, an agreement or contract provision which contravenes competition law will be void and of no effect.

This represents a significant pitfall for the transaction lawyer but a possible opportunity for a litigation lawyer looking to invalidate or challenge an IP licensing agreement.

These issues can arise in many circumstances including with agreements intended to settle IP infringement proceedings.

This new virtual classroom seminar will identify the main areas where competition issues might arise in IP licensing transactions.

It will focus on the key legislation including the Vertical Agreements Block Exemption Order and (to the extent that it is relevant) the UK assimilated law version of the Technology Transfer Block Exemption (including the CMA’s recent Proposed Recommendation for changes to this legislation, which proposes extending the Exemption to agreements dealing with database copyright and database rights).

The session will explore the competition issues that IP licensing transactions may give rise to, including specific clauses.

What You Will Learn

This live and interactive course will cover the following:

• A brief overview of the UK competition law framework
• The main legislation of specific relevance to IP licensing agreements, including the Vertical Agreements Block Exemption Order
• Clauses that raise competition issues:
• No-challenge clauses
• Sales or territory restrictions
• Field of use restrictions
• Tied or bundled products
• Grant-back of improvements
• Royalty clauses that survive expiration or invalidity of IP rights
• Settlement agreements:
• Co-existence agreements
• Restrictions on keyword or other advertising

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.