Ashurst

Financial Services analysis: Jake Green and Tim Cant, partners at Ashurst, set out some of the key proposals recently announced by the European Commission to amend Regulation (EU) 600/2014 (MiFIR) and Directive 2014/65/EU (MiFID II), and provide some commentary and points of contrast with the UK regime.

This Checklist focuses on the IP aspects of R&D agreements and identifies the key terms typically included in an R&D agreement. This document can be used as a checklist of issues to consider when drafting, reviewing or negotiating such agreements. Key competition law considerations are also considered.

This Checklist focuses on the intellectual property (IP) aspects of vertical agreements. It covers the key competition law considerations and considers the following issues: the parties to and structure of vertical agreements, identifying the IP, the scope of the licence, restricting the use of the IP, IP ownership, third-party IP, protection of licensor’s IP and warranties and indemnities.

This Checklist sets out the essential points that should be considered when drafting new Research and Development (R&D) agreements, or updating existing R&D agreements, to assess whether they fall within the EU R&D BER 2023 (Commission Regulation (EU) 2023/1066 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to certain categories of research and developments agreements). This Checklist is not intended to be a comprehensive guide to the EU R&D BER 2023 but should be used where a commercial lawyer wants to ensure that an R&D agreement falls within the EU R&D BER 2023 and accompanying Horizontal Guidelines.