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Regulation For Research And Development Agreements

Article 179, paragraph 2 of the Treaty calls on the EU to encourage businesses, including small and medium-sized enterprises, in their high-quality research and technological development activities and to support their cooperation efforts. This regulation aims to facilitate research and development while effectively protecting competition. Cooperation in research and development and results exploitation is likely to promote technical and economic progress when the parties bring capabilities, assets or activities complementary to cooperation. These include scenarios in which one party only funds the research and development activities of another party. The category exemption regulation is intended to draw a line between cooperation agreements in research and development, which should be welcomed from a regulatory point of view, and those that should be deterred. As a result, the E.E. exemption provides a safe haven before the anti-competitive agreements rule are applied to agreements that are unlikely to demonstrate the anti-competitive effects mentioned above. To justify this exemption, sharing should focus on products, technologies or processes for which the use of research and development results is essential. In addition, all parties to the research and development agreement should agree that they will have full access to the final results of joint research and development, including withdrawal rights and IP know-how, for further research, development and exploitation, as soon as final results become available. As a general rule, access to results should not be limited in terms of the use of the results for further research and development. However, under this Regulation, where the parties limit their operating rights, particularly when they specialize in the operating context, access to results for exploitation may be limited accordingly. In addition, academic institutions, research institutes or companies that provide research and development D as a commercial service, without being normally involved in the exploitation of results, may agree to use the results of research and development exclusively for further research.

Depending on their capacity and economic needs, the parties can make unequal contributions to their research and development cooperation. In order to reflect and compensate for differences in the value or nature of the parties` contributions, a research and development agreement benefiting from this regulation may provide that one party compensates another party for access to the results for further research or use. However, compensation should not be high enough to effectively impede access. “research and development agreement,” an agreement between two or more parties relating to the conditions under which these parties seek: “paid research and development” research and development conducted by one party and funded by a party; The potential anti-competitive effect of the R and D and the objective of the category exemption According to the European Commission, research and development agreements can be anti-competitive in several respects.