DEALING DIRECTLY WITH SUCH CUSTOMER OR FROM GRANTING NON-EXCLUSIVE LICENCES TO THIRD PARTIES TO DEAL WITH THAT CUSTOMER .
( 2 ) THE LICENCES TO BE GRANTED UNDER CLAUSE 8 ( 4 ) OF THE BASIC AGREEMENT SHALL AFFORD THE PARTIES THE OPPORTUNITY :
- TO CONTINUE TO HAVE THE BENEFIT AFTER THE EXPIRATION OF THE PERIOD OF THREE YEARS FOLLOWING THE DISSOLUTION OF THE JOINT VENTURE OF THE PATENT AND KNOW-HOW RIGHTS LICENSED TO THE JOINT VENTURE TO THE EXTENT THAT THE EXERCISE OF THOSE RIGHTS IS INDISPENSABLE FOR THE EXPLOITATION OF PATENTS AND KNOW-HOW JOINTLY ACQUIRED THROUGH THE JOINT VENTURE ,
- TO EXPORT THE PRODUCTS MANUFACTURED UNDER THESE PATENT AND KNOW-HOW LICENCES TO ALL COMMON MARKET AND NON-MEMBER COUNTRIES .
THE ROYALTIES PAYABLE UNDER THE LICENCES GRANTED BY THE PARTIES IN ACCORDANCE WITH THIS PROVISION SHALL NOT EXCEED THE LOWEST AMOUNT OF ROYALTY PAYABLE UNDER ANY LICENCE GRANTED BY THE PARTIES TO THIRD PARTIES IN RESPECT OF THE SAME PATENTS OR KNOW-HOW .
THE EFFECT OF THIS LATTER CONDITION MUST NOT BE TO MAKE IT IMPOSSIBLE FOR THE PARTIES , ON THE EXPIRATION OF THE THREE-YEAR PERIOD PROVIDED FOR IN RESPECT OF THE LICENCES IN QUESTION , TO PREVENT THE USE OF THE DESIGNS FOR THE PURPOSE OF REPRODUCING THE FORM AND PRESENTATION OF THE RELEVANT PRODUCTS . THEY MUST REMAIN FREE TO USE THE KNOW-HOW EMBODIED IN THESE DESIGNS , ALTHOUGH THEY MAY BE PROHIBITED AFTER THAT THREE-YEAR PERIOD FROM MAKING EXACT COPIES OF THE FORM AND PRESENTATION OF THE DESIGNS SUCH THAT EACH OTHER ' S PRODUCTS ARE NOT RECOGNIZABLY DIFFERENTIATED .
16 . ARTICLE 8 ( 2 ) OF REGULATION NO 17 REQUIRES THE COMMISSION TO ENSURE THAT THE REQUIREMENTS OF ARTICLE 85 ( 3 ) CONTINUE TO BE SATISFIED . TO THIS END THE UNDERTAKINGS TO WHICH THIS DECISION IS ADDRESSED MUST BE REQUIRED TO INFORM THE COMMISSION OF ANY CHANGE OR ADDITION TO THE AGREEMENTS AND TO MAKE A REPORT TO THE COMMISSION EVERY TWO YEARS ON THE ACTIVITIES OF THE JOINT VENTURE SO THAT THE ACTUAL EFFECTS OF THEIR AGREEMENT CAN BE DETERMINED .
THE COMMISSION MUST ALSO BE IN A POSITION TO VERIFY WHETHER COMPETITION WITHIN THE COMMON MARKET IS RESTRICTED BY ANY OTHER PRACTICES OF THE COMPANIES CONCERNED . SUCH RESTRICTIONS MIGHT ARISE AS THE RESULT OF FINANCIAL HOLDINGS OR NEW LINKS IN THESE SECTORS , WHETHER DIRECT OR INDIRECT , BETWEEN ANY COMPANY IN ONE GROUP AND ANY COMPANY IN THE OTHER GROUP ( THE PARTIES THEMSELVES INCLUDED ) OR BETWEEN ANY SUCH COMPANY AND ANOTHER COMPANY WHERE ANY OF THESE COMPANIES IS DIRECTLY OR INDIRECTLY ENGAGED IN EITHER THE TURBINE OR THE COMPRESSOR INDUSTRY WITHIN THE COMMON MARKET . SUCH MIGHT BE THE CASE IF ONE OF THE PARTIES OR ANY COMPANY BELONGING TO ITS GROUP DEVELOPS NEW BUSINESS IN THESE INDUSTRIES INDEPENDENTLY . IN SUCH A SITUATION THE COMMISSION MUST BE ENABLED TO VERIFY WHETHER THE COMPETITIVE CAPACITY OF THE PARTIES HAS BEEN ALTERED .
A