UK CMA Plans UK-Specific Tech Licensing Regime Post-Brexit

Britain's Competition and Markets Authority (CMA) has recommended replacing the EU-era Assimilated Technology Transfer Block Exemption Regulation (TTBER) with a new UK-specific Technology Transfer Block Exemption Order (TTBEO) set to take effect after TTBER expires in April 2026. The new 12-year framework aims to better align with UK innovation and competition priorities by removing references to outdated intellectual property concepts like 'utility models' and adding modern rights such as database copyrights. It will allow technology licensing agreements to qualify for exemption either through existing market share thresholds or by demonstrating the existence of multiple substitutable technologies, ensuring these agreements do not entrench market dominance. The CMA emphasizes that while technology transfer can drive innovation, investment, and growth, certain clauses may harm competition, necessitating clearer and more flexible rules tailored to the UK market. A transitional period will allow existing agreements under TTBER to maintain exemptions for one year after expiry, accompanied by new guidance to help businesses interpret the updated order. This move reflects a broader post-Brexit effort to establish a domestic regulatory framework that supports British economic realities and fosters innovation without compromising fair competition.