21 Amendments of Kosma ZŁOTOWSKI related to 2023/0129(COD)
Amendment 84 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should grant the Union compulsory licence in the light of the non-binding opinion of the advisory body. Persons, in particular the licensee and the rights-holder, whose interests may be affected by the Union compulsory licence should be given the opportunity to submit their comments after being provided with the case file and analyses submitted to or carried out by the advisory body, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights. These elements should enable the Commission to consider the individual merits of the situation and determine, on that basis, the adequate conditions of the licence, including an adequate remuneration to be paid by the licensee to the rights-holder. To avoid overproduction of products manufactured under a Union compulsory licence, the Commission should also consider any existing compulsory licences at national level.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation has the objective to ensure that in crises the Union has access to crisis- relevant products. To this end, this Regulation lays down rules on the procedure and conditions for the granting of a Union compulsory licence of intellectudustrial property rights that are necessary for the supply of crisis-relevant products to the Member States in the context of a Union crisis or emergency mechanism.
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation establishes Union compulsory licensing of the following intellectudustrial property rights in force in one or more Member States:
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) patents, including published patent applications;
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) industrial design
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) have a scope and duration that is strictly limited to the purpose for which the compulsory licence is granted and strictly limited to the scope and duration of the crisis or emergency mode in the framework of which it is granted;
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) be strictly limited to the relevant and properly justified activities of crisis- relevant products in the Union;
Amendment 156 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) only be granted against payment of an adequatefair remuneration to the rights- holder;
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) be strictly limited to the precisely defined territory of the Union;
Amendment 159 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) only be granted to a person deemed to be in a position to efficiently exploit the protected invention in a manner that permits the propereffective carry out of the relevant activities of the crisis-relevant products and in accordance with the obligations referred to in Article 10.
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Before the granting of a Union compulsory licence, the Commission shall provide the rights-holders and the licensee with the case file and analyses submitted to or carried out by the advisory body referred to in Article 6, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights, and the Commission shall give the rights-holder and the licensee an opportunity to comment on the following:
Amendment 237 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The licensee shall pay an adequate fair remuneration to the rights-holder. The amount of the remuneration shall be determined by the Commission and specified in the Union compulsory licence.
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The remuneration shall not exceed 45 % of total gross revenue generated by the licensee through the relevant activities under the Union compulsory licence. unless the benefits accruing to the compulsory licensee would be significantly higher than those accruing to the right-holder from the licensed solution;
Amendment 243 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) whether the rights-holder has received public support tofor the process of developing the invention. at any stage of the research and development phase;
Amendment 255 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) immediately terminate the Union compulsory licence in accordance with Article 14(3); or
Amendment 280 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The Commission may by decision impose on the licensee or the rights-holder fines not exceeding 610 % of their respective total turnover in the preceding business year where, intentionally or negligently:
Amendment 281 #
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) the licensee does not comply with the prohibition as referred in Article 11;
Amendment 282 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission may, by decision, impose on the licensee or the rights-holder periodic penalty payments not exceeding 58 % of their respective average daily turnover in the preceding business year per day and calculated from the date appointed by the decision, in order to compel:
Amendment 283 #
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
(aa) the licensee to put an end to an infringement of the prohibition as referred in Article 11;
Amendment 285 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the licensee or the rights-holder or other person concerned in the protection of their commercially sensitive information and trade secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure, fully in line with existing legislation for the protection of data and trade secrets, in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.