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 so that appropriate terms may be fixed.

Article 13

The Commission shall communicate to Member States, persons and undertakings  information acquired by the Community which is not covered by the provisions of  Article 12, whether such information is derived from its own research programme or  communicated to the Commission with authority to make free use of it.

The Commission may, however, make the disclosure of such information conditional  on its being treated as confidential and not passed on to third parties.

The Commission may not disclose information which has been acquired subject to  restrictions on its use or dissemination such as information known as classified  information unless it ensures compliance with these restrictions.

Section 2

Other information

( a ) Dissemination by amicable agreement

Article 14

The Commission shall endeavour, by amicable agreement, to secure both the  communication of information which is of use to the Community in the attainment of  its objectives and the granting of licences under patents, provisionally protected  patent rights, utility models or patent applications covering such information.

Article 15

The Commission shall establish a procedure by which Member States, persons and  undertakings may use it as an intermediary for exchanging provisional or final results  of their research, in so far as these results have not been acquired by the Community  under research contracts awarded by the Commission.

This procedure must be such as to ensure the confidential nature of the exchange. The  results communicated may, however, be transmitted by the Commission to the Joint  Nuclear Research Centre for documentation purposes; this shall not entail any right  of use to which the communicating party has not agreed.

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