Article 101(1) TFEU must be interpreted as not precluding the imposition on the licensee, under a licence agreement such as that at issue in the main proceedings, of a requirement to pay a royalty for the use of a patented technology for the entire period in which that agreement was in effect, in the event of the revocation or non-infringement of a licenced patent, provided that the licensee was able freely to terminate that agreement by giving reasonable notice.
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For a case note on this decision by Marco Botta, see this issue of IIC at doi:10.1007/s40319-017-0563-4.
Available at http://curia.europa.eu.
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Genentech Inc. v. Hoechst GmbH and Sanofi-Aventis Deutschland GmbH, Treaty on the Functioning of the European Union, Art. 101(1). “Genentech”. IIC 48, 233 (2017). https://doi.org/10.1007/s40319-017-0561-6
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DOI: https://doi.org/10.1007/s40319-017-0561-6