On the European Commission’s proposal to create a new EU-wide compulsory licensing regime.

Abstract

This article discusses the European Commission’s proposal to implement a new EU-wide compulsory licensing regime and its key elements. The Commission’s proposal contains some novel and useful elements that may improve the effectiveness of compulsory licensing at the EU. This includes the possibility to issue a compulsory licence in relation to patent applications and SPCs, the indication of a generic name of a compulsory licensed medicine where the identification of all intellectual property rights or rights-holders requires time, the suspension of regulatory data and market protection, as well as access to confidential information and know-how. Moreover, while the proposal is focused on the use of compulsory licensing at the pan-European level, the approach taken by the Commission may also serve as an example for national compulsory licensing regimes in European and non-European countries making their mechanisms more flexible and effective. Such an approach may help to make the EU (and potentially other jurisdictions) better prepared for future national and global emergencies.