A coalition of several European organizations (EFPIA, Medtech Europe, Eurochambres, Digital Europe, Business Europe) released a new joint statement in view of the preparation of the Council position of the Commission’s proposal for a regulation on EU compulsory licensing for crisis management. Among amendments by the European Parliament positively judged by the associations are the greater involvement of the rights-holder, a requirement for attempted voluntary licensing, and a reasoned approach to remuneration. Nevertheless, according to the statement some problematic provisions would be still present, such as inadequate judicial review and forced technology transfer/trade secret sharing.
The industrial associations position is that the initiative would undermine innovation and competitiveness of European companies, and the resulting weakening of IP iwoulde represent a negative precedent internationally. Main points of concern include the fact compulsory license should be a last resort measure, the exclusion of trade secrets and know-how from the scope of the proposal, and the need for clearer and well-defined definitions. A thorough judicial review of a compulsory license should also be made, according to the statement, and right holders should always be given an opportunity to be heard prior to the adoption of any decision on compulsory licensing.
Source: EFPIA