지식재산권의 실시계약에 관한 EU의 개정 경쟁법규 연구

Intellectual property rights have exclusive and monopoly rights for a certain period. Technology transfer agreements concern the licensing of technology where the licensor permits the licensee to exploit the licensed technology for the production of goods or services. Transfer of the intellectual property rights plays an important role in development on science, technology, economy and consumer's profit. But the developed nations such as US, EU or Japan have concern for abuse of the rights and have the law in force about such abuse. Regarding transfer of the intellectual property rights, the new block exemption regulation 316/2014 is applied to the technology transfer agreements involving patents, know-hows or software copyrights. The new block exemption regulation 316/2014 and the accompanying EU guideline change some topics. First, all restrictions on passive sales between licensees' exclusive territories or customer groups are removed from the scope of the new block exemption regulation; second, exclusive grant-back obligations, i.e. a requirement that the licensee grant the licensor exclusive rights to improvements to the contract technology, no longer benefit from the new block exemption regulation; third, provisions allowing the licensor to terminate a non-exclusive licence agreement if the licensee challenges the validity of the licensed technology are removed from the scope of the new block exemption regulation. Such clauses have effects similar to clauses requiring the licensee not to challenge the validity of the licensed technology. Changes to the Guidelines mainly relate to settlement agreements and technology pools.