Council and Parliament agree crisis-related compulsory patent licensing framework
The Council and the European Parliament have reached a provisional agreement on the regulation governing compulsory licensing for crisis management purposes. The agreement, aimed at ensuring the availability of critical products within the internal market during emergencies, establishes a framework under which intellectual property rights may be exercised without the authorisation of the rights holders. The measures are designated as a last resort, with priority given to voluntary agreements between patent holders and potential users, and apply only once a crisis or emergency mode is officially activated at the EU level. Notably, the regulation excludes sectors such as gas, chips, and defence products and does not mandate the disclosure of trade secrets. The measures have been formulated in the context of addressing the fragmented national approaches previously in place, and they are designed to safeguard a high level of intellectual property protection while enhancing European crisis preparedness. The next step involves formal endorsement and adoption of the agreement by both the Council and the Parliament.