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Compulsory licensing for crisis management – ϲʿֱ Position Paper

ϲʿֱ strongly supports the objective of responding quickly to possible crises, while recalling that the existing legal framework regarding compulsory licensing is already clearly established and does not appear to be a cause that could have prevented the resolution of recent situations. In this context :

  • Any new system must respect existing international agreements which are now fully integrated into national legislation; 
  • A new European compulsory licensing framework should only be used as a last resort and in clearly delimited circumstances ensuring legal certainty for all stakeholders; 
  • Clear definitions (regarding the notion  of crisis, linked products or additional measures) and procedures must be ensured, and trade secrets and know-how clearly excluded from the scope of the proposal; 
  • Targeted companies must be widely involved in the consultative procedures, and respect for contractual freedom, particularly in the choice of adequate remuneration, should be reinstated
ϲʿֱ Position on compulsory licensing – September 2023