ON CLICKWRAPS AND COMPETITION

As of 1 May 2004, the EU's new Technology Transfer Block Exemption, Commission Regulation 772/2004, came into effect. That Regulation exempts various intellectual property licences, including for the first time software licences, from being void under Article 81(1) of the EC Treaty, if they are not likely to distort competition within the single market or a substantial part of it.



The IPKat has been trying to figure out a set of facts in which the terms offered by a clickwrap licence to an unknown licensee might prima facie fall within the scope of Article 81(1) and thus require the benefit of the Block Exemption. If readers have any suggestions, can they please post them below or send them here.