Genentech Inc v Hoechst GmbH and another

European Union – Intellectual property. The Court of Justice of the European Union, on a determination of a preliminary issue, held that art 101(1) TFEU did not preclude the imposition on a patent licensee, under a licence agreement, of a requirement to pay a royalty for the use of 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.

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