Support study for the evaluation of the Technology Transfer Block Exemption Regulation : final report

Technology transfer agreements are agreements by which one party authorises another to use technology rights (such as, patents, design rights, software copyrights and know-how) for the production of goods or services. Common forms of technology transfer agreements are IP licensing agreements and patent assignments. The Technology Transfer Block Exemption Regulation ("TTBER") creates a safe harbour under EU competition law for certain categories of technology transfer agreements. In its latest version, it entered into force on 1 May 2014 and will expire on 30 April 2026. Together with the TTBER, the Commission also published the Technology Transfer Guidelines ("TTGs"), which provide guidance on the interpretation of the TTBER and on the assessment under Article 101 TFEU of technology transfer agreements that fall outside the block exemption provided by the TTBER. The two instruments are jointly referred to as the "TTBER regime". Both instruments are currently being evaluated by the Commission and this study will contribute to the evaluation by answering the evaluation questions set out in the specification for the study, based on qualitative and quantitative evidence.