- Competition law and assignment back of rights in derivative software and data
- What, if any, competition law issues may arise in relation to a commercial arrangement where the agreement provides for an assignment back of any intellectual property rights (IPR) arising in relation to licensee improvements to, or derivative works of, the licensed materials?
- To the extent competition law may be relevant to such arrangements, what exemptions may apply and to what extent are those exemptions likely to apply to the majority of such commercial arrangements?
- Has there been any case law or recent guidance by competition authorities on these the issues?
TMT analysis: In the balancing act between risk and innovation, the assignment back of rights is an element of competition law receiving comparatively little attention. Peter Alexiadis, partner at Gibson Dunn in Brussels, assesses key concepts governing an issue that remains quiet despite its substantial impact on rightsholders and licensees.
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