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Antitrust

Licensing agreements for the transfer of technology

Legislation in force

Commission regulation

Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements
Official Journal L 123, 27.04.2004, p. 11-17

Guidelines for the assessment of technology transfer agreements

Commission Notice - Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements
Official Journal C 101, 27.04.2004, p. 2-42

Index of the guidelines
da de el en es fr it nl pt fi sv  pdf

New rules applicable from 1 May 2014

The European Commission adopted on 21 March 2014 new competition rules for the assessment of technology transfer agreements (TTBER and Guidelines), through which a licensor permits a licensee to exploit patents, know-how or software for the production of goods and services. The revised rules will replace the existing TTBER and Guidelines from 1 May 2014 onwards.

Press release (IP/14/299)
Frequently asked questions

Please find below the links to the new TTBER and Guidelines in all language versions
TTBER - Guidelines

Background

On 6 December 2011, the Commission launched a first public consultation on the technology transfer regime (see MEX/11/1206). The consultation ended on 3 February 2012. 38 replies were received, mainly from law firms, law associations and industry associations, but also from several companies and citizens. All replies are available here.

A majority of stakeholders considered that the present system is largely satisfactory, both the TTBER and the Guidelines are regarded as useful and important tools for the industry. Many respondents also made suggestions for incremental improvements in both the TTBER and the Guidelines.

In early 2013 the Commission proposed incremental changes to the current regime (see MEMO/13/120) while leaving the overall structure of the safe harbour in the TTBER untouched. The draft TTBER and the draft Guidelines were published for public consultation, which ran until 17 May 2013. The Commission received 56 replies from stakeholders which are also available on DG Competition's website (here).

  
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