EUR-Charts

The box in the 1st row must read:

Block exemption: categories of technology transfer agreements, Regulation 316/2014/EU

The box in the 2nd row, entitled “Technology transfer agreement”, Art. 1(1)(b)”, must read:

“Technology transfer agreement”, Art. 1(1)(c)

• A technology rights licensing agreement entered into between two undertakings;
• An assignment of technology rights between two undertakings;
as further defined in Art. 1(1)(c).

 

The box in the 3rd row, entitled “Terms of the Regulation, Arts. 3-5 and 8” must read:

Terms of the Regulation, Arts. 3-5 and 8

In principle, all arrangements that do not contain hardcore restrictions or excluded restrictions are allowed, if:
• Where the parties are (potential) competitors, the combined market share of the parties is ≤20% on the relevant technology and product market;
• Where the parties are not competitors, the individual market share of each of the parties is ≤30% on the relevant technology and product markets.
In the case of a subsequent rise, the exemption continues to apply for a limited period of time.

For the definition of the technology market, see the Commission Guidelines on technology transfer agreements (2014).

The box in the 4th row, on the left hand side, entitled “Allowed restrictions” must read:

Allowed restrictions

E.g.:
•   Where the parties are competing undertakings:

–  Obligation on the licensor and/or the licensee not to produce with the licensed technology rights within the exclusive territory and/or not to sell actively and/or passively into the exclusive territory or to the exclusive customer group reserved for the other party, Art. 4(1)(c)(i);
–  Obligation on the licensor to produce the contract products only for its own use provided that the licensee is not restricted in selling the contract products actively and passively as spare parts for its own products, Art. 4(1)(c)(iii);
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•   Where the parties are not competing undertakings: obligation not to passively sell the products into an exclusive territory or to a customer group reserved for the other party or to the exclusive customer group reserved for the licensee, Art. 4(2)(b)(i).