EC seeks views and input on compulsory licensing of patents

Today, the European Commission has launched a  public consultation on compulsory licensing of patents, inviting interested parties to express their views on the topic.

In particular, the Commission looks for suggestions on how to build a more efficient and coordinated compulsory licensing scheme in the European Union, reduce current fragmentation and improve the Europe's resilience in managing crises such as the COVID-19 pandemic. The consultation also gathers views on improving harmonization, coordination between EU member states and coordination with the Commission.

Furthermore, the consultation gathers views to assess the procedure for granting compulsory licences of patents relating to the manufacture of pharmaceutical products for export purposes to non-EU countries, as regulated by the Regulation 816/2006 on compulsory licensing of patents relating. Compulsory licensing of patents allows a government to authorize the use of a patented invention without the consent of the patent holder. As highlighted in the call for evidence published in April, compulsory licensing has a role to play in tackling crises as it can help provide access to key products and technologies.