Development Agreement Deutsch

« agreement, » an agreement, a decision by a business association or a concerted practice; Be divided among the parties as part of the specialization in research and development or use; 1. Where the parties are not competitors, the section 2 exemption applies for the duration of research and development. When the results are shared, the exemption applies for a period of seven years from the date on which contract products or contract technologies are first introduced to the domestic market. Regulation (CEE) no Article 2821/71 empowers the Commission to apply, by regulation, Article 101, paragraph 3, from the Treaty on the Functioning of the European Union to certain categories of agreements, decisions and concerted practices within the scope of Article 101, paragraph 1, of the Treaty and which aims to research and develop products, technologies or processes up to the industrial use and exploitation of results, including provisions relating to intellectual property rights. The competition authority of a Member State may reap the benefits of this regulation for the territory of that Member State, in accordance with Article 29, paragraph 2, regulation (EC) No 1/2003; or part of it if, in a particular case, an agreement to which the application of the exemption under this Regulation nevertheless has effects incompatible with Article 101, paragraph 3, of the treaty on the territory of that Member State or part of it, and if that territory has all the characteristics of a separate geographical market. 2. Where two or more of the parties are competing companies, the section 2 exemption applies for the period under paragraph 1 only if, on the date of the research and development contract, research and development is « paid for research and development » by a party and funded by a party; In order to ensure effective competition in the sharing of results, it should be foreseen that the category exemption no longer applies when the parties` cumulative market share becomes too large for products, services or technologies resulting from joint research and development. Regardless of the market shares held by the parties, the exemption should continue to apply for a specified period after the start of the joint operation, in order to wait for their market share to stabilize, particularly after the introduction of an entirely new product, and to ensure a minimum return on the investments in question. Agreements between companies that are not competing manufacturers of products, technologies or processes that can be improved, replaced or replaced by research and development results will eliminate effective competition in research and development only in exceptional circumstances. These agreements should therefore be given the opportunity to benefit from the exemption provided by this regulation, regardless of market share, and to deal with potential exceptional cases by withdrawing their benefit.

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