2 Amendments of Raffaele STANCANELLI 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 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: