One reason for not making results publicly available may be that researchers do not hold the sole rights to the research results. Examples here may include the use of software or other tools requiring a licence.

In cooperative ventures with commercial enterprises, contractual agreements can partially restrict or delay public access to the content of research results, for example so as to provide the opportunity to register IP rights. Results from research that is (at least partially) financed out of public funds must be made accessible in compliance with the provisions jointly agreed on in the cooperation agreements. The model cooperation agreement between research institutions and commercial enterprises published by the DFG provides for the following, among other things: “In the event that the Parties are unable to reach an agreement on the content and/or the form of the planned publication, the publication in question may also be filed for publication without the consent of the other Party provided that the publication does not disclose the other Party’s work results or confidential information.”