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European Commission public consultation on compulsory licensing of intellectual property rights

The European Commission has launched a public consultation on compulsory licensing of intellectual property rights.

Compulsory licensing allows a government to authorise the use of a patented product without the consent of the patent holder in specific circumstances. Currently, legislation on compulsory licensing of patents is fragmented; EU countries regulate their own compulsory licensing schemes which can result in legal uncertainty for both right holders and users of intellectual property rights. As highlighted in the call for evidence published in April, compulsory licensing has a role to play in tackling crises as it can help provide access to key products and technologies.

The European Commission invites interested parties to express their views on how to build a more efficient and coordinated compulsory licensing scheme in the EU, to improve harmonization at EU level and improve Europe’s resilience in managing crises such as the COVID-19 pandemic.


The consultation is available at Intellectual property – revised framework for compulsory licensing of patents (europa.eu).

The deadline for submissions is 28 September 2022.