In its Position statement on the Revision of the Technology Transfer Block Exemption Regulation (TTBER) and the accompanying guidelines, the Institute comments on the questions raised by the European Commission in its call for contributions of 31 January 2025. In light of recent technological developments, the statement addresses the relevance of the TTBER for the licensing of data for developing artificial intelligence (AI) and AI models. It advises against extending the TTBER to data-related rights, proposing instead separate guidelines to foster data sharing within the framework of Article 102 TFEU. Regarding AI models, the Institute calls for clarification of the TTBER’s scope. While recognising the practical challenges of applying market share thresholds, the statement supports retaining the existing rules but shifting from a ‘4plus’ to a ‘3plus’ rule in the guidelines. It endorses the Commission’s plan to incorporate case law on pay-for-delay settlements and recommends a specific hardcore restriction under Article 101(1) TFEU. The statement supports the current safe harbour framework for technology pools and calls for new guidelines on licensing negotiation groups (LNGs), including a defined safe harbour regime.
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