”product market in question,” the market at issue for products that can be improved, replaced or replaced by contract products; ”contract product,” a product resulting from joint research and development or supplied using contract technologies; 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. For the application of Article 101, paragraph 3, of the Treaty, it is not necessary to define the agreements that may fall under Article 101, paragraph 1, of the Treaty. The individual assessment of the agreements covered by Article 101, paragraph 1, of the treaty must take into account several factors, in particular the structure of the market at issue. ”effective competitor,” a company that provides a product, technology or process that can be improved, replaced or replaced by the contract product or contract technology in the geographic market in question; the need to refuse the request of customers in the territory of parties or customers who, in the course of the operation, are divided by other means between the parties as part of the valuation, which would market the contractual products in other areas of the internal market; The Article 2 exemption does not apply to the following obligations contained in research and development agreements: companies that have, directly or indirectly, the legal or legal agreement between a contracting party to the research and development agreement, the rights or powers covered by point (a); setting prices on the sale of the contract product or licensing to third parties, with the exception of setting prices charged to direct customers or setting royalties charged to direct takers where joint exploitation of the results involves the joint distribution of contract products or the granting of a joint license of contractual technologies covered by Article 1, paragraph 1, point (i) or (ii); set sales targets where joint exploitation of results involves the joint distribution of contractual products or the granting of a joint license of treaty technologies within the meaning of Article 1, paragraph 1, point m) or (ii); The benefits of this Regulation could be revoked in accordance with Article 29 of Regulation (EC) No. 1/2003 if the existence of a research and development agreement provides flexibility to third parties, the Committee on the Environment, Health and Protection of Persons with Disabilities has been informed of the existence of the research and development agreement in the field of research and development in the field of research and development in this area, where the existence of the research and development agreement, due to the specific structure of supply, severely limits third parties` access to the contract or contracted technologies market, where the parties do not profit, without objective reason, from the results of joint research and development with third parties , where contract products or contracted technologies are not subject to effective competition with products on the whole or in a substantial part of the domestic market. , technologies or processes considered equivalent by users because of their characteristics, price and destination, or whether the existence of the research and development agreement would limit competition in the field of innovation or eliminate effective competition in research and development in a given market.

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