• An Advocate General’s opinion has been handed down on a request for a preliminary ruling from the Court of Appeal of Paris, asking whether Article 101 precludes an obligation imposed on a licensee under a patent licence agreement to pay royalties for the entire duration of the agreement until its termination, notwithstanding the absence of infringement or the revocation of the licensed patent or patents. The Advocate General considers that Article 101 does not preclude such an obligation where the commercial purpose of the agreement is to enable the licensee to use the technology at issue while averting patent litigation, provided that the licensee is able to terminate the licence agreement by giving reasonable notice, is able to challenge the validity or infringement of the patents, and retains his freedom of action after termination. Click here.