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Position paper - Compulsory licensing of patents

9 Nov 2023
Intellectual Property

Companies of all sizes rely on predictable and reliable intellectual property (IP) frameworks. The European Union has proposed changes to the Compulsory Licensing (CL) Regulation in order to address the existing gaps in Europe’s IP environment. As the deadline for amendments on this Regulation approaches, policymakers must account for the need for independent judicial oversight. Most importantly, there should be a standstill period that allows the parties involved to assess the impact and – if required – ask for an accelerated review by the General Court to define whether the CL granting is lawful. There are precedents where the Court has acted very fast on those types of decisions, an important aspect given the fact that these decisions will have to be made in crisis situations. This consideration, among others outlined in the attached documents, would ensure a fairer and more workable IP system in Europe.