As Charles Dickens so astutely observed about life through the French Revolution in A Story of Two Cities,” it was the most effective and worst of occasions. The good thing about the block exemption established by this Regulation ought to be limited to those agreements which can be assumed with ample certainty to satisfy the circumstances of Article 101(3) of the Treaty. Optimistic assumptions are made by proponents of ideologies reminiscent of transhumanism and singularitarianism , which view technological growth as generally having beneficial effects for the society and the human situation.
This Regulation ought to cover only technology switch agreements between a licensor and a licensee. There can be no presumption that, above those market-share thresholds, technology transfer agreements fall within the scope of Article one hundred and one(1) of the Treaty.
A number of of the events to the know-how transfer agreement or one or more of their connected undertakings referred to in points (a) to (d) and a number of third parties. The event of expertise might draw upon many fields of data, together with scientific, engineering, mathematical , linguistic , and historical information, to achieve some practical consequence.
One other distinguished critic of technology is Hubert Dreyfus , who has published books comparable to On the Internet and What Computers Nonetheless Can’t Do. Within the particular person evaluation of agreements pursuant to Article a hundred and one(1), account has to be taken of a number of factors, and particularly the construction and the dynamics of the related technology and product markets.
This Regulation should not exempt expertise switch agreements containing restrictions which aren’t indispensable to the advance of manufacturing or distribution. For instance, unique licensing agreements between non-competing undertakings often fall outdoors the scope of Article 101(1).