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CJEU – Genentech v. Hoechst & Sanofi-Aventis Deutschland

07 Jul 2016

Genentech Inc. v. Hoechst GmbH and Sanofi-Aventis Deutschland GmbH, CJEU, reference for a preliminary ruling, Competition, Article 101 TFEU, Case C-567/14

“On those grounds, the Court (First Chamber) hereby rules:

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.”

A copy of the judgment may be read here.