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D E C I S I O N 0 1
R E S T R A I N T S O F C O M P E T I T I O N European Union 0 1
Genentech Inc. v. Hoechst GmbH 0 1
Sanofi-Aventis Deutschland GmbH 0 1
0 Max Planck Institute for Innovation and Competition , Munich 2017
1 Treaty on the Functioning of the European Union , Art. 101(1)
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.
Patents; Licence agreement; Royalty; Revocation; Non-infringement; Termination