Intellectual Property Licences and Technology Transfer

Dr Duncan Curley trained and qualified in the intellectual property department of a ‘magic circle’ law firm in London, eventually becoming a partner at the international law firm of McDermott, Will & Emery. He set up his own law firm – Innovate Legal – in June 2007, specialising in advice to companies operating in the pharmaceutical and biotech sectors. Dr Curley has appeared in a number of high profile cases throughout his career, including Lenzing v Courtaulds (judicial review of a decision by the European Patent Office), Bespak v 3M (patent revocation proceedings concerning metered dose inhalers) and BioProgress v Stanelco (patent dispute concerning drug encapsulation technology). He is the author of over fifty published articles and his first book – Intellectual Property Licences and Technology Transfer (published by Chandos) – is the leading practical textbook on the impact of European competition law on technology licensing and the block exemption.

Exploitation of intellectual property rights and the impact of competition law; The old technology transfer block exemption regulation and the need for reform; An economics-based approach to the analysis of agreements under Article 81 and the new-style block exemptions; The technology transfer block exemption: The safe harbour; The technology transfer block exemption: Hardcore and excluded restrictions; Analysis outside the block exemption: Article 81(3); Challenges to licence agreements under the modernised regime; Conclusion.