licensor

2. For the purposes of this Regulation, the terms ‘undertaking’, ‘licensor’ and ‘licensee’ shall include their respective connected undertakings.

‘Connected undertakings’ means:

(a)

undertakings in which a party to the technology transfer agreement, directly or indirectly, has one or more of the following rights or powers:

(i)	has the power to exercise more than half the voting rights,

(ii)	has the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking,

(iii)

has the right to manage the undertaking’s affairs;

(b)	undertakings which directly or indirectly have, over a party to the technology transfer agreement, one or more of the rights or powers listed in point (a);

(c)	undertakings in which an undertaking referred to in point (b) has, directly or indirectly, one or more of the rights or powers listed in point (a);

(d)	undertakings in which a party to the technology transfer agreement together with one or more of the undertakings referred to in points (a), (b) or (c), or in which two or more of the latter undertakings, jointly have one or more of the rights or powers listed in point (a);

(e)

undertakings in which one or more of the rights or the powers listed in point (a) are jointly held by:

(i)	parties to the technology transfer agreement or their respective connected undertakings referred to in points (a) to (d), or

(ii)	one or more of the parties to the technology transfer agreement or one or more of their connected undertakings referred to in points (a) to (d) and one or more third parties.

Also defined in