OVER ALL THE PATENT AND KNOW-HOW LICENCES GRANTED TO THE JOINT VENTURE SO THAT THEY MAY HAVE ALL THE SCIENTIFIC AND TECHNICAL KNOWLEDGE WHICH THEY WILL NEED TO CONTINUE IN BUSINESS AT THE END OF THE JOINT VENTURE . IN THIS CONTEXT , CERTAIN RESTRICTIONS ON THE FUTURE ACTIONS OF THE PARTIES IMPOSED BY CLAUSE 8 ( 4 ) ( A ) OF THE AGREEMENT CANNOT BE REGARDED AS INDISPENSABLE TO THE PROPER OPERATION OF THE JOINT VENTURE DURING ITS EXISTENCE AND TO THE ATTAINMENT OF THE RESULTING BENEFITS .
IN ORDER THAT THE PARTIES MAY OPERATE IN THE FUTURE ON THE RELEVANT MARKETS IN ACTIVE COMPETITION , THEY MUST BE GIVEN ACCESS TO ALL THE TECHNICAL AND COMMERCIAL RESOURCES THEY NEED TO CARRY ON THEIR BUSINESS . ACCORDINGLY , EACH OF THE PARTIES MUST , ON THE TERMINATION OF THE JVA , BE ENTITLED TO COMPETE AS IT WISHES WITH NO RESTRICTIONS AS TO TIME , TERRITORY OR ANY OTHER KIND . THE RESTRICTIONS IN CLAUSE 8 ( 4 ) ( A ) OF THE AGREEMENT , HOWEVER , RESTRICT THE LICENCES GIVEN TO THE PARTIES IN A NUMBER OF WAYS AS FOLLOWS :
- FIRST , ACCESS TO TECHNICAL AND SCIENTIFIC KNOWLEDGE IS AVAILABLE ONLY FOR THREE YEARS . THE PARTIES MUST , HOWEVER , BE IN A POSITION TO USE THE PARENTS AND KNOW-HOW LICENSED TO THE JOINT VENTURE TO THE EXTENT THAT SUCH USE IS INDISPENSABLE TO THE EXPLOITATION OF PATENTS AND KNOW-HOW JOINTLY ACQUIRED THROUGH THE JOINT VENTURE ,
- SECONDLY , THE PARTIES ARE EXPRESSLY CONFINED TO THE TERRITORY OF THE JOINT VENTURE ITSELF . SUCH A RESTRICTION IS NOT JUSTIFIED AFTER DISSOLUTION OF THE JOINT VENTURE , SINCE IT PREVENTS STORK FROM SELLING ITS GOODS FREELY IN MANY COUNTRIES OUTSIDE THE COMMON MARKET AND THEREBY CONTRIBUTING TO THE IMPROVEMENT OF ITS OWN CAPACITY AND THE COMPETITIVE STRUCTURE WITHIN THE COMMON MARKET ,
- THIRDLY , THE PARTIES WILL BE REQUIRED TO PAY ROYALTIES FROM 5 TO 10 % ON ALL MACHINES AND PARTS SUPPLIED UNDER THE LICENCES , WHEREAS SIMILAR LICENCES CAN BE GIVEN TO THIRD PARTIES AT LOWER RATES OF ROYALTY , WHICH MAY LEAD TO DISTORTIONS OF COMPETITION .
SINCE THE ABOVE RESTRICTIONS OF COMPETITION ARE NOT INDISPENSABLE , EXEMPTION CAN BE GRANTED ONLY ON CERTAIN CONDITIONS .
IV . CONDITIONS AND OBLIGATIONS
UNDER ARTICLE 8 ( 1 ) OF REGULATION NO 17 , CONDITIONS AND OBLIGATIONS MAY BE ATTACHED TO A DECLARATION OF EXEMPTION , IN WHICH RESPECT THE FOLLOWING CONSIDERATIONS ARE RELEVANT .
15 . EXEMPTION IN THIS CASE SHOULD BE SUBJECT TO THE TWO FOLLOWING CONDITIONS BY REASON OF THE FACT THAT CERTAIN CLAUSES OF THE JVA DO NOT SATISFY THE TESTS OF ARTICLE 85 ( 3 ).
( 1 ) IF FOR ANY REASON THE JOINT VENTURE CANNOT MEET AN ORDER FROM A CUSTOMER , THE EXCLUSIVE NATURE OF THE PATENTS AND KNOW-HOW LICENCES GRANTED TO IT BY THE PARENT COMPANIES SHALL NOT PREVENT SUCH COMPANIES FROM