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The Member States shall be entitled to obtain a licence from the Commission in respect of invitations, whether or not patentable, which belong to the Community. The same shall apply to persons and undertakings which pursue, on the territory of a Member State, a research or production activity justifying the grant of such a licence. Grant of a licence may be refused where the applicant does not undertake to manufacture effectively within the Community. The Commission shall grant sub-licences under the same conditions, where the fourth paragraph of Article 3 entitles it to make such grants. The Commission shall grant such licences or sublicences on terms to be agreed with the licensees and shall furnish all the information which it is entitled to supply and which is required for their exploitation. These terms shall relate in particular to suitable remuneration and, where appropriate, to the right of the licensee to grant sub-licences to third parties and to the obligation to treat the information as a trade secret.

Failing agreement on the terms referred to in the fourth paragraph, the licensees may bring the matter before the Court of Justice of the European Communities so that appropriate terms may be laid down.