Restrictions In Licensing Agreements

► Usage restrictions (FOUR) are a widely used clause in license agreements. ► FOUR can improve production efficiency if a technology has multiple applications. ► However, there may be a risk of overlap between fields if the licensor is not careful. ► The document deduces the optimal license agreement using a hazard moral framework. ► The contract may contain a reduction in royalties and production restrictions. Most cases concern the abuse of a dominant position, such as Microsoft, Intel and Qualcomm, but cases of restrictive agreements, such as. B reverse payments, also appear in many jurisdictions, for example. B Supreme Court of Korea, Judgment 2012Du24498, 27 February 2014. Guidelines for the application of Article 101 of the Treaty on the Functioning of the European Union to technology transfer agreements, J.-C. C 2014 89/3 (`the TT Guidelines`). Korah V (1996) Technology transfer agreements and Community competition rules. Clarendon Press, Oxford A licensing agreement is a written agreement between two parties in which a property owner allows another party to use that property under certain parameters.

A license agreement or license agreement typically includes a licensor and a licensee. Mendelsohn M, Rose S (2001) Guide to the block exemption for vertical agreements. Kluwer Law International, The Hague licensing agreements are widely used for the commercialization of technologies. On the other hand, where a licensor restricts the type of customer to whom licensees may sell products (including copies of software) using the licensed technology, this may constitute a formal restriction on the licensee`s activity. Restrictions on counterparties trading in products authorized to use licensed technology are unfair trading practices that are prohibited by antimonopoly law when they tend to impede fair competition. For example, the limitation of counterparties (distributors) to counterparties designated by the licensor, the limitation of counterparties to counterparties allocated to licensees and the prohibition of trading with certain parties. In addition to the details of all parties, license agreements set out in detail how licensed parties may use properties, including the following parameters: License agreements describe the terms under which one party may use another party`s property. . . .