ABSTRACT
The exploitation of intellectual property within the Common Market, either unilaterally or through licensing agreements, must be done within the proscriptions of the European competition rules. From the perspective of industry, the availability of block exemptions provided the advantage of certainty together with a significant saving in time, effort and cost in avoiding the need for individual notification. The block exemption applies to pure patent licensing agreements; pure know-how licensing agreements; and to mixed patent and know-how licensing agreements. It expressly does not apply to agreements concerning other intellectual property rights except where such agreements are merely ancillary to the licensing of patents or know-how. It is a fundamental feature of all intellectual property that the rights conferred on the proprietor are negative rights in that he may use his rights to prevent others from doing certain acts in respect of his property.
