It is a common misconception that open access prevents commercial use. However, the open access requirement of the EC does not oblige anyone to publish. Researchers are free to decide to publish a certain scientific result or not. If material is confidential or sensitive, then it should not be available in a repository, in the same way as it would not be published in a journal. Open access does not interfere with a decision to exploit research results commercially (e.g. through a patent). Open access only applies once the decision to publish has been taken.