EXCLUSIVITY AND COMPETITIVE RESTRICTIONS

Normally it is not the policy of the research institutions to accept restrictions on their freedom to collaborate with companies that are rivals to the current collaborator.

Competitive restrictions

If, as a rare exception, a research institution agrees to competitive restrictions, they must be well-founded economically and strategically.

Payment for competitive restrictions

The company ought to pay for any competitive restrictions.

Payment ought to correspond to the research institution's loss of possibilities for collaboration and/or financial support within the excepted area.

Illegal public support

Agreements assigning exclusive rights to a single company must always take into consideration whether the agreed terms guarantee that public support will not indirectly be given illegally to the company in question.