Subcontracting Agreement Francais

However, the above restrictions are not justified where the subcontractor has the opportunity or could have access, under reasonable conditions, to the technology and equipment necessary to manufacture the goods, provide services or carry out the work. In general, this is the case where the contractor only provides general information that describes only the work to be done. Under these conditions, the restrictions could deprive the subcontractor of the opportunity to develop its own business in the areas covered by the agreement. the subcontractor`s obligation to pass on to the subcontractor, on a non-exclusive basis, all technical improvements it has made during the currency of the contract or, where a patentable invention has been discovered by the subcontractor, to grant the subcontractor, for the duration of the patent it holds, non-exclusive licences for inventions relating to the improvements and new applications of the original invention. “sub-convention” – the agreement signed between the organization and a final beneficiary or local partner. The 1968 Communication on Business Cooperation (2), which lists a number of agreements which, by their nature, should not be considered anti-competitive, is therefore supplemented in the area of subcontracting. The Commission also reminds the companies it has published, in order to promote cooperation between small and medium-sized enterprises, a communication on small-importance agreements that are not covered by Article 85, paragraph 1 of the Treaty establishing the European Economic Community (3). “Ultimate Recipient” – the person or organization that has signed a sub-convention and receives a portion of the contribution to carry out a sub-project under the agreement. the technique or equipment that can be made available by the contractor, except for the purposes of the subcontract, the Commission considers that the agreements under which a company, the so-called “contractor”, is under a prior designation of a third party or another, the “subcontractor”, the manufacture of goods, the provision of services or the performance of work in accordance with the instructions of the holder. : that are made available to the supplier or executed on its behalf are not covered by the section 85, paragraph 1 prohibition.

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