A new regulation has been published in the Official Journal of the European Union, setting out a mechanism for compulsory licensing in emergency situations across EU member states.
The regulation enables the European Commission to grant an EU-wide compulsory licence for the use of patented inventions connected to crisis-relevant products, in cases where a crisis or emergency is officially declared under EU law, the Commission said on Monday.
Licences will only be issued as a last resort and must meet strict requirements, including limits on the duration and scope of use, as well as guaranteeing fair payment to patent owners in accordance with international rules under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Compulsory licensing explained
Compulsory licensing permits authorities to allow the use of protected inventions — such as medicines, technologies, or equipment — without the patent holder’s permission, typically in response to urgent public needs.
The updated framework is designed to ensure coordinated action within the EU single market during cross-border crises, the Commission said.
