No L 31/2 Official Journal of the European Communities 9. 2. 96 COMMISSION REGULATION (EC) No 240/96 of 31 January 1996 on the application of Article 85 (3) of the Treaty to certain categories of technology transfer agreements (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices ('), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 1 thereof, Having published a draft of this Regulation (3), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : ()  Regulation No 19/65/EEC empowers the Commis- sion to apply Article 85 (3) of the Treaty by regula- tion to certain categories of agreements and concerted practices falling within the scope of Aricle 85 (1) which include restrictions imposed in relation to the acquisition or use of industrial property rights — in particular of patents, utility models, designs or trademarks — or to the rights arising out of contracts for assignment of, or the right to use, a method of manufacture of know- ledge relating to use or to the application of indus- trial processes. () The Commission has made use of this power by adopting Regulation (EEC) No 2349/84 of 23 July 1984 on the application of Article 85 (3) of the Treaty to certain categories of patent licensing agreements (), as last amended by Regulation (EC) No 2131/95 (%), and Regulation (EEC) No 556/89 of 30 November 1988 on the application of Article 85 (3) of the Treaty to certain categories of know-how () OJ No 36, 6. 3. 1965, p. 533/65. () OJ No C 178, 30. 6. 1994, p. 3. () OJ No L 219, 16. 8. 1984, p. 1S. () OJ No L 214, 8. 9. 1995, p. 6. licensing agreements (°), as last amended by the Act of Accession of Austria, Finland and Sweden. (3)  These two block exemptions ought to be combined into a single regulation covering technology transfer agreements, and the rules governing patent licensing agreements and agreements for the licensing of know-how ought to be harmonized and simplified as far as possible, in order to en- courage the dissemination of technical knowledge in the Community and to promote the manufac- ture of technically more sophisticated products. In those circumstances Regulation (EEC) No 556/89 should be repealed. (4  This Regulation should apply to the licensing of Member States’ own patents, Community patents (%) and European patents (") (‘pure’ patent licensing agreements). It should also apply to agreements for the licensing of non-patented technical informa- tion such as descriptions of manufacturing processes, recipes, formulae, designs or drawings, commonly termed ‘know-how’ (‘pure’ know-how licensing agreements), and to combined patent and know-how licensing agreements (‘mixed’ agree- ments), which are playing an increasingly impor- tant role in the transfer of technology. For the purposes of this Regulation, a number of terms are defined in Article 10. (5) Patent or know-how licensing agreements are agreements whereby one undertaking which holds a patent or know-how (‘the licensor) permits another undertaking (‘the licensee’) to exploit the patent thereby licensed, or communicates the know-how to it, in particular for purposes of manu- facture, use or putting on the market. In the light of experience acquired so far, it is possible to define a category of licensing agreements covering all or part of the common market which are () OJ No L 61, 4. 3. 1989, p. 1. () Convention for the European patent for the common market (Community Patent Convention) of 15 December 1975, O] No L 17, 26. 1. 1976, p. 1. () Convention on the grant of European patents (European Pa- tent Convention) of 5 October 1973.