Article 6 Access to pre-existing know-howI1

If the R&D agreement does not provide for joint exploitation of the results it must provide that each party to the agreement is to be granted access to any pre-existing know-how of the other parties if this know-how is indispensable for the purposes of its exploitation of the results.

An R&D agreement does not breach the condition in paragraph(1) by requiring a party to the agreement to compensate another party to the agreement for obtaining access to its pre-existing know-how, provided the compensation required is not so high as to effectively prevent such access.