The Block Exemption Regulation Concerning the Transfer of Technology from the Viewpoint of Small and Medium Size Enterprises

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http://urn.fi/URN:NBN:fi-fe2016061421681
Title: The Block Exemption Regulation Concerning the Transfer of Technology from the Viewpoint of Small and Medium Size Enterprises
Author: Karlia-Palomäki, Christina
Contributor: University of Helsinki, Faculty of Law
Thesis level: Licentiate thesis
Abstract: The framework of this research is competition law and IPRs. Competition law regulation concerning Block Exemption concerning the Transfer of Technology (TTBER) of the Treaty on the Functioning of the European Union (TFEU) Articles 101 and 102 mean that companies have to take into consideration certain regulation in order to avoid the intervention of competition authorities. As the system of TTBER is based on a self-announcement system, companies may take more or less risk in their agreement praxis. The research questions were: What are the preconditions for a competition according to the new Block Exemption Regulation concerning the Transfer of Technology (TTBER)? This research question can be divided into the following sub-questions: 1) How small and medium size companies (SMEs) fulfill the criteria of permitted competition after the changes in Block Exemption Regulation concerning the Transfer of Technology? – how SMEs try to achieve market shares 2) How small and medium size companies fulfill the criteria of Block Exemption according the new regulation? These questions were scrutinized by litterature reviews, case analysis and updated materials from experts e.g. corporate lawyers and attorneys. The main results of the research were as follows: The doctrine of the misuse of a dominant position has often been a core issue in case law of European Court of Justice (ECJ) and especially the essential facilities problem. It has a chain effect to TTBER regulation. A dominant company can decide how to promote innovations. To identify the market shares it is important to find the relevant markets. The strength and knowledge of the licensee effects to the possibilities to succeed in license negotiations. A powerful company having the resources can take into account the TTBER regulation to favour its goals and take advantage of the economic condition. Often a high royalty is agreed in order to avoid claims. In R&D projects the amount of innovations is relevant in contract negotiations. In some cases companies have agreed of royalties in relation to the amount of the IPRs. SMEs grow into large companies and form joint ventures: it is not easy to evaluate how and when they fulfil the conditions of permitted competition. Technology pools are nowadays allowed, if they are not aiming to restrict competition and there are grounds for them, which are related to the technology. The arrangement is accepted, when it brings benefits to consumers.
URI: URN:NBN:fi-fe2016061421681
http://hdl.handle.net/10138/163789
Date: 2016-05-13
Rights: This publication is copyrighted. You may download, display and print it for Your own personal use. Commercial use is prohibited.


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