Updates & Corrigenda
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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:
New legislation | p. 44
Page: 044
Chapter: 2. Conduct of undertakings
Chart Number: C27
Chart Title: Intellectual property rights
Due to the fact that the Commission Guidelines on horizontal co-operation agreements were published in the Official Journal in 2011, the text in the box entitled “Licence” must read:
Licence
• Agreements containing clauses related to licensing may fall foul under Art. 101(1) TFEU. Block exemptions may apply; if licensing is the primary object of the agreement, see Chart C21; for franchise agreements, see Chart C24.
• Inclusion of an IPR in a standard: licensing must be based on fair, reasonable and non-discriminatory terms (FRAND commitment); Commission Guidelines on horizontal co-operation agreements (2011).