Traduction de «concession de brevet » (Français → Anglais) :

3. Article 15(4) and (5) shall apply to the grant or transfer of a licence in respect of a Community patent.

An efficient and proportionate regulatory system could foster forms of pro-competitive cross-licensing or patent pool arrangements as effective market-driven instruments to mitigate those risks. As part of that regulatory system, the Commission will update its rules on agreements on technology transfer.

(68) See in this respect the Commission's press release IP/02/1651 concerning the licensing of patents for third generation (3G) mobile services.

(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 thereof where part of the risk associated with the exploitation of the technology rema ...[+++]ins 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;

The term royalties means payments of any kind received as a consideration for the use of or the right to use any copyright of literary, artistic or scientific work, including cinematograph films and software, any patent, trade mark, design or model, plan, secret formula or process or for information concerning industrial, commercial or scientific equipment.

(5) 'necessary patents` are patents where a licence under the patent is necessary for the putting into effect of the licensed technology in so far as, in the absence of such a licence, the realization of the licensed technology would not be possible or would by possible only to a lesser extent or in more difficult or costly conditions.