commercial exploitation
as defined in Council Directive 87/54/EEC of 16 December 1986 on the legal protection of…, Article 1(1), point (c)
the sale, rental, leasing or any other method of commercial distribution, or an offer for these purposes. However, for the purposes of Articles 3 (4), 4 (1), 7 (1), (3) and (4) ‘commercial exploitation’ shall not include exploitation under conditions of confidentiality to the extent that no further distribution to third parties occurs, except where exploitation of a topography takes place under conditions of confidentiality required by a measure taken in conformity with Article 223 (1) (b) of the Treaty.