IPAG is a project of the „Universities of Austria“, supported by the National Contact Point for Intellectual Property (ncp.ip) of the Federal Ministry of Science and Research (BMWF), the Federal Ministry of Economy, Family and Youth (BMWFJ), the Federal Ministry of Transport, Innovation and Technology. Austrian universities and companies have developed these models together to enable an efficient transfer of knowledge and technology. In the situation where the producer orders the research and development of another party in exchange for payment, the ownership of the result is not covered by the regulation on horizontal agreements, but by the regulation on vertical agreements. Fortunately, the European Commission has highlighted the applicability of Article 101, paragraph 1, to the R and Amp; D by making available to organisations the Commission`s Regulation (EU) No 1217/2010 of 14 December 2010 on the application of Article 101, paragraph 3, of the Treaty on the Functioning of the European Union to certain categories of R and Amp; D. The answer to the above question is given in recital 10: research and development can generally be expected to be more extensive and effective by the introduction of new or improved products or services, faster introduction of these products or services, or lower prices due to new or improved technologies or processes. The question that comes to mind is whether all research and development agreements are beneficial to consumers or whether, in certain circumstances, companies still need to be cautious. Due to the increasing complexity of new technologies and rapid technological developments, companies are often unable to independently monitor technological advances and must develop openly through the implementation of research and development agreements. Despite the obvious benefits that the R and D bring to the collaborating parties (for example. B the exchange of necessarily financial resources, work and knowledge to generate new knowledge together or to modify existing knowledge), companies may be reluctant to enter into such agreements because they fear that they will violate EU competition law. This blog looks at which R and D are considered pro-competitive by the European Commission. Under Section 4, paragraph 1, the exemption applies for the duration of the R D, regardless of market share, when the parties to an R and D are not competing companies.
The exemption applies seven years after the first marketing of contractual products or contractual technologies in the EU, when the results are shared. IPAG recommends the following model agreements, which can be used at different stages of technology research and marketing transactions. These agreements are available in English and German. These include dispute resolution clauses relating to WIPO mediation and WIPO Expedited Arbitration. Although the R and D are not generally considered to be detrimental to competition, the European Commission does not exempt all types of R and R D (which can vary considerably in shape and size). Companies should carefully consider the following when negotiating research and development agreements. If some of these aspects are not respected, a specific agreement on the R D is not automatically exempted and cooperating parties should assess for themselves whether their agreement can benefit from an individual exemption under Article 101, paragraph 3. Please read the legal disclaimer in case of www.ipag.at/projekt/download before using the IPAG model agreements.
If the conditions are met, the parties cooperating may be exempt from Article 101, paragraph 1, for the duration of their period. This does not mean, however, that agreements that are not covered by the regulation violate competition law (unless they contain specific restrictions). These agreements may continue to be subject to an individual exemption, although it is not easy to assess for themselves whether the agreement can benefit from such an exe