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Competition

Competition: New rules for assessing technology transfer agreements

4.2.2015

PR(15)04

Following incorporation of the new Technology Transfer Block Exemption Regulation (TTBER) into the EEA Agreement, the EFTA Surveillance Authority has adopted new Guidelines for the assessment of technology transfer agreements under the EEA competition rules.

The TTBER creates a safe harbour for licensing agreements concluded between companies that have limited market power provided that they respect certain conditions set out in the TTBER. Such agreements are deemed to have no anticompetitive effect or, if they do, it is deemed that the positive effects outweigh any negative effects. The new Guidelines provide guidance on the application of the TTBER as well as on the application of the EEA competition rules to technology transfer agreements that fall outside the safe harbour of the TTBER.

The purpose of technology transfer agreements is to enable companies to license the use of patents, know-how or software held by another company for the production of goods and services. The revised rules facilitate such sharing of intellectual property, and provide clearer guidance on licensing agreements that stimulate competition. At the same time they aim to strengthen incentives for research and innovation.

The new Guidelines are available on the Authority's webpage. 

More information

For further information, please contact:

Mr. Andreas Kjeldsberg Pihl
Press & Information Officer 
tel. (+32)(0)2 286 18 66
mob. (+32)(0)492 900 187

 





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