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Soft law > Intellectual Property

DG COMP’s Technology Transfer Agreements Guidelines

Official Journal of the European Union C 89/3, March 2014

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These guidelines set out the principles for the assessment of technology transfer agreements under Article 101 of the Treaty on the Functioning of the European Union (1) (‘Article 101’). Technology transfer agreements concern the licensing of technology rights where the licensor permits the licensee to exploit the licensed technology rights for the production of goods or services, as defined in Article 1(1)(c) of 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 (‘the TTBER’). The purpose of these guidelines is to provide guidance on the application of the TTBER as well as on the applicationof Article 101 of the Treaty on the Functioning of the European Union (‘the Treaty’) to technology transfer agreements that fall outside the scope of the TTBER. The TTBER and the guidelines are without prejudice to the possible parallel application of Article 102 of the Treaty to technology transfer agreements.

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