Activities of Tiemo WÖLKEN related to 2023/0129(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on compulsory licensing for crisis management and amending Regulation (EC) 816/2006
Amendments (10)
Amendment 76 #
Proposal for a regulation
Recital 16
Recital 16
(16) A Union compulsory licence authorises the use of a protected invention without the consent of the rights-holder. Therefore, it must only be granted exceptionally and with the purpose to safeguard public health and the public interest and under conditions that take into account the interests of the rights- holder. This includes a clear determination of the scope, duration and territorial coverage of the licence. In the context of a Union level crisis mechanism, the crisis mode or emergency mode is activated or declared for a limited period of time. Where a Union compulsory licence is granted within such framework, the duration of the licence shall not extend beyond the duration of the activated or declared crisis or emergency mode. In order to ensure that the compulsory licence fulfils its objective as well as its conditions, the use of the invention should only be authorised to a qualified person able to manufacture the crisis-relevant product and to pay a reasonable remuneration to the rights- holder.
Amendment 92 #
Proposal for a regulation
Recital 22
Recital 22
(22) When informed of advanced discussions as regards the granting of a Union compulsory licence, the rights- holder should have the possibility to propose a voluntary agreement, should the circumstances of the Union crisis or emergency, including the urgency of the situation, allow it. The rights-holder should also be given the opportunity to comment on the need for a Union compulsory licence and on the conditions of the licence, including remuneration, should it be granted. To this end, the rights-holder should be allowed to provide the Commission with written or oral comments and any information the rights-holder considers useful to allow the Commission to make a fair, comprehensive, and thorough assessment of the situation. The Commission should allow the rights-holder a reasonable period of time to provide comments and information, considering the situation of the rights-holder and the urgency of the situation. The comments of the rights- holder should, where relevant, be transmitted by the Commission to the competent advisory body. In order for confidential information to be shared with the Commission, the Commission shall ensure a safe environment for the sharing of this information and should take measures to preserve the confidentiality of the documents provided by the rights- holder in the context of that procedure. Once a Union compulsory licence has been granted, the Commission should notify the rights-holder as soon as reasonably practicable.
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission may, where a voluntary agreement between the rights-holder and the licensee has not been reached within 4 weeks, grant a Union compulsory licence where a crisis mode or an emergency mode listed in the Annex to this Regulation has been activated or declared in accordance with one of the Union acts listed in that Annex.
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) the confirming that a voluntary agreement between the rights-holder and the licensee has not been reached within four weeks;
Amendment 179 #
Proposal for a regulation
Article 6 – paragraph 4 – point a a (new)
Article 6 – paragraph 4 – point a a (new)
(aa) shall invite representatives of the European Parliament as observers to the relevant meetings of the advisory bodies;
Amendment 182 #
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) may invite representatives of the European Parliament, representatives of economic operators, right holders, potential licensees, stakeholder organisations, social partners and experts to attend meetings of the advisory body as observers.
Amendment 199 #
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) the possibility to reach a voluntary licensing agreement within 4 weeks with manufacturers on intellectual property rights for the purpose of manufacturing, using and distributing the crisis-relevant products;
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The licensee shall pay an adequate remuneration to the rights-holder. The amount of the remuneration and corresponding timeframe of the use of the compulsory licence shall be determined by the Commission and specified in the Union compulsory licence.
Amendment 269 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Additional measures complementing the Union compulsory licence 1. Where necessary, the Commission shall decide, upon a reasoned request by the rights-holder or the licensee, or on its own initiative, on additional measures complementing the Union compulsory licence to ensure it achieves its objective as well as to facilitate and ensure the good collaboration between the rights-holder and the licensee. 2. Where necessary, the Commission shall request from the rights-holder the disclosure of trade secrets to the licensee in order to provide him with the necessary know-how to strictly achieve the objective of the Union compulsory licence as provided for in this Regulation. In such cases, the Commission shall order all appropriate measures necessary to preserve the confidentiality of trade secrets, in particular in relation to third parties 3. Where the Commission considers modifying or adopting additional measures as referred to in paragraphs 1 and 2, it shall consult the advisory body referred to in Article 6. 4. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the rules referred to in Article 7(6), points (a) and (b), and Article 7(7) and (8).
Amendment 278 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. When the Commission considers terminating the Union compulsory licence it shall ensure that there is a sufficient transitional period put in place.