4. 3. 89 Official Journal of the European Communities No L 61/1 (Acts whose publication is obligatory) COMMISSION 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 licensing agreements THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 19/6S/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 Spain and Portugal, and in particular to Article 1 thereof, Having published a draft of this Regulation (3), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : (1)  Regulation No 19/65/EEC empowers the Commission to apply Atticle 85 (3) of the Treaty by Regulation to certain categories of bilateral agreements and concerted practices falling within the scope of Article .85 (1) which include restrictions imposed in relation to the acquisition or use of industrial property rights, in particular patents, utility models, designs or trade marks, or to the rights arising out of contracts for assignment of, or the right to use, a method of manufacture or knowledge relating to the use or application of industrial processes. The increasing economic importance of non-pat- - ented technical information (e.g. descriptions of manufacturing processes, recipes, formulae, designs or drawings), commonly termed ‘know-how’, the large number of agreements currently being concluded by undertakings including public research facilities solely for the exploitation of such information (so-called ‘pure’ know-how licensing agreements) and the fact that the transfer of () OJ No 36, 6. 3. 1965, p. 533/65. () OJ No C 214, 12. 8. 1987, p. 2. know-how is, in practice, frequently irreversible make it necessary to provide greater legal certainty with regard to the status of such agreements under the competition rules, thus encouraging the dissemination of technical knowledge in the Community. In the light of experience acquired so far, it is possible to define a category of such know-how licensing agreements covering all or part of the common market which are capable of falling within the scope of Article 85 (1) but which can normally be regarded as satisfying the conditions laid down in Article 85 (3), where the licensed know-how is secret, substantial and identified in any appropriate form (‘the know-how’). These definitional requirements are only intended to ensure that the communication of the know-how provides a valid justification for the application of the present Regulation and in particular for the exemption of obligations which are restrictive of competition. A list of definitions for the purposes of this Regulation is set out in Article 1. (2 As well as pure know-how agreements, mixed know-how and patent licensing agreements play an increasingly important role in the transfer of technology. It is therefore appropriate to include within the scope of this Regulation mixed agreements which are not exempted by Commission Regulation (EEC) No 2349/84 (Article 1, 2 or 4)() and in particular the following : — mixed agreements in which the licensed patents are not necessary for the achievement of the objects of the licensed technology containing both patented and non-patented elements; this may be the case where such .patents do not afford effective protection () OJ No L 219, 16. 8. 1984, p. 15.