Translation of "accord de cession de brevet " (French → English) :

A recent Commission study on the value of patents[1] which was based upon a survey of 10,000 inventors in eight Member States[2] assessed inter alia the monetary value of patents, the economic and social impact of patents, patent licensing, the use of patents for creating new firms and the relationship between patents, RD, and innovation.

(b) "technology transfer agreement" means a patent licensing agreement, a know-how licensing agreement, a software copyright licensing agreement or a mixed patent, know-how or software copyright licensing agreement, including any such agreement containing provisions which relate to the sale and purchase of products or which relate to the licensing of other intellectual property rights or the assignment of intellectual property rights, provided that those provisions do not constitute the primary object of the agreement and are directly related to the production of the contract products; assignments of patents, know-how, software copyright or a combination th ...[+++]ereof where part of the risk associated with the exploitation of the technology remains with the assignor, in particular where the sum payable in consideration of the assignment is dependent on the turnover obtained by the assignee in respect of products produced with the assigned technology, the quantity of such products produced or the number of operations carried out employing the technology, shall also be deemed to be technology transfer agreements;

(2) assignments of know-how, patents or both where the risk associated with exploitation remains with the assignor, in particular where the sum payable in consideration of the assignment is dependent on the turnover obtained by the assignee in respect of products made using the know-how or the patents, the quantity of such products manufactured or the number of operations carried out employing the know-how or the patents;

(9) Given the similarity between sale and exclusive licensing, and the danger that the requirements of this Regulation might be evaded by presenting as assignments what are in fact exclusive licenses restrictive of competition, this Regulation should apply to agreements concerning the assignment and acquisition of patents or know-how where the risk associated with exploitation remains with the assignor.

In the context of a transfer of an undertaking, the following agreements are directly related and necessary to concentrations: non-competition obligations which are imposed on the vendor, licence agreements for patents, similar rights or know-how and purchase and supply obligations providing for fixed quantities.

COMMUNITY PATENTS - COUNCIL DECLARATION In an attempt to reactivate the process of ratification of the Agreement relating to Community Patents signed in 1989 and to speed up its entry into force, the Representatives of the Member States meeting within the Council adopted the following joint declaration: "The representatives of the Governments of the Member States, meeting within the Council, Anxious to promote the completion of the internal market and the establishment of a European technological community; Considering that it is very important for that purpose that the Community patent system should come into operation as soon as possible, Considering the commitments to be taken on by the new Member States as regards ...[+++]accession to agreements already signed between the Member States; Considering the declaration by the Heads of State or Government on 29 October 1993 concerning the seat of the Common Appeal Court for Community patents, Confirm that it is desirable for the Agreement of 15 December 1989 relating to Community patents to enter into force as soon as possible, Voice the firm belief that the difficulties experienced hitherto in individual signatory States can be overcome; Express their confidence that entry into force between all 12 signatory States is possible".