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Document 12016A012

    Consolidated version of the Treaty establishing the European Atomic Energy Community
    TITLE II - PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY
    CHAPTER 2 - Dissemination of information
    Section 1 - Information over which the Community has power of disposal
    Article 12

    OJ C 203, 7.6.2016, p. 9–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/euratom_2016/art_12/oj

    Date of document:
    07/06/2016; Date of publication
    Date of effect:
    01/01/1958; Entry into force See 11957A224
    Date of signature:
    25/03/1957; Rome
    Date of end of validity:
    Not known; See 11957A208
    Form:
    Treaty
    Authentic language:
    Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Irish, Croatian, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish, Swedish

    7.6.2016   

    EN

    Official Journal of the European Union

    C 203/9

    Article 12

    Member States, persons or undertakings shall have the right, on application to the Commission, to obtain non exclusive licences under patents, provisionally protected patent rights, utility models or patent applications owned by the Community, where they are able to make effective use of the inventions covered thereby.

    Under the same conditions, the Commission shall grant sublicences under patents, provisionally protected patent rights, utility models or patent applications, where the Community holds contractual licences conferring power to do so.

    The Commission shall grant such licences or sublicences on terms to be agreed with the licensees and shall furnish all the information required for their use. These terms shall relate in particular to suitable remuneration and, where appropriate, to the right of the licensee to grant sublicences to third parties and to the obligation to treat the information as a trade secret.

    Failing agreement on the terms referred to in the third paragraph, the licensees may bring the matter before the Court of Justice of the European Union so that appropriate terms may be fixed.

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