Companies whose part of the research and development agreement refers, directly or indirectly, in the context of activities under a research and development agreement, to activities that are activities: the parties to the research and development agreement or their related companies, in accordance with points (a) to d); or the Commission may, in accordance with Article 29, paragraph 1, regulation (EC) no Regulation (EC) No. 1/2003 of the Council of 16 December 2002 relating to the implementation of the competition rules under Articles 81 and 82 of the Treaty (3) removes the advantage of this Regulation when it finds, in a particular case, that an agreement on which the application of the exemption provided by this Regulation nevertheless has effects incompatible with Article 101, paragraph 3, of the Treaty. The competition authority of a Member State may reap the benefits of this regulation for the territory of that Member State, in accordance with Article 29, paragraph 2, regulation (EC) No 1/2003; or part of it if, in a particular case, an agreement to which the application of the exemption under this Regulation nevertheless has effects incompatible with Article 101, paragraph 3, of the treaty on the territory of that Member State or part of it, and if that territory has all the characteristics of a separate geographical market. It is an agreement on equal cooperation between the parties in the field of research and development. It is part of the group called horizontal agreement and has specific eu/EEA legislation. In principle, a research and development contract can be terminated by termination. However, if the other party has a particular interest in pursuing the R D or could expect lasting cooperation in this regard, the denunciation must be based on a serious interest or unforeseen circumstances within the meaning of Section 6:258 (1) of the Dutch Civil Code. Adequacy and fairness requirements can lead to a reasonable notice period. In addition, a temporary research and development agreement should be distinguished from an indeterminate research and development agreement and, in circumstances of adequacy and fairness, compensation may also be paid in the event of termination of a research and development agreement. In order to develop and terminate a research and development agreement, you should therefore take this into account and preferably consult a legal expert.
2. Where two or more of the parties are competing companies, the Article 2 exemption applies for the period covered by paragraph 1 only if, at the time of the conclusion of the research and development agreement, the obligation exists: at the end of research and development, not to question the validity of the intellectual property rights enjoyed by the parties within the internal market and which are relevant to research and development, which are relevant to research and development, at the expiry of the research and development agreement, the validity of the intellectual property rights held by the parties in the internal market that protect the results of research and development, without prejudice to the possibility of providing for the termination of the research and development agreement if one of the parties challenges the validity of these intellectual property rights; in the case of research and development agreements covered by Article 1, paragraph 1, (a) (ii) (ii) (ii) or (iii), the cumulative market share of the parties to a research and development agreement is not equal to 25% in the relevant markets for products and technologies; this exemption applies to the extent that these agreements contain competition restrictions within the scope of Article 101, paragraph 1, of the treaty.
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