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Antitrust

Licensing agreements for the transfer of technology

Legislation in force

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 new rules replace the previous TTBER and Guidelines from 1 May 2014 onwards.

Commission regulation

Commission Regulation (EU) No 316/2014 of 21 March 2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements (TTBER)
Official Journal L93, 28.03.2014, p.17-23

Guidelines for the assessment of technology transfer agreements

Communication from the Commission — Guidelines on the application of Article 101 of the Treaty on the Functioning of the European Union to technology transfer agreements (Guidelines)
Official Journal C89, 28.03.2014, p.3-50

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

Previous rules

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

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


  
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