9 Amendments of Carles PUIGDEMONT I CASAMAJÓ related to 2023/0129(COD)
Amendment 26 #
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 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 after careful consideration and analysis of the market.
Amendment 27 #
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. 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. Moreover, the Commission should monitor the patent prices in the market and take note of their status when a crisis situation needing a Union compulsory license arises.
Amendment 28 #
Proposal for a Regulation
Recital 27
Recital 27
(27) The licensee should pay an adequate remuneration to the rights-holder as determined by the Commission. The amount of the remuneration should be determined considering the economic value of the exploitation authorised under the licence to the licensee and to the Member States concerned by the crisis, a thorough and continued monitoring of patent prices market and its status, when the need for a Union compulsory license arises, any public support received by the rights- holder to develop the invention, the degree to which development costs have been amortized as well as humanitarian circumstances relating to the granting of the Union compulsory licence. In addition, the Commission should consider the comments made by the rights-holder and the assessment made by the advisory body with regard to the amount of the remuneration. In any case, the remuneration should not exceedThe Commission should set a first threshold of 4 % of the total gross revenue generated by the licensee through the acts under the Union compulsory licence. This percentage is the same as the one provided for under Regulation 816/2006. In the event of a compulsory licence granted on the basis of a published patent application that ultimately does not lead to the granting of a patent,This percentage should also be under ex-post assessment of the rights- holder, would havho should be able nto ground to receive remunerdemand a higher compensation underonce the compulsory licence, as the subject matter for the receipt of the remuneration has not materialised. In such circumstances, the rights-holder should refund the remuneratirisis situation has ended that should not exceed 40 %. In any case, the Commission should continue to mon it received under the compulsory licenceor and assess the patent prices market.
Amendment 48 #
Proposal for a Regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The remuneration shall not exceedbe set at a first threshold of 4 % of total gross revenue generated by the licensee through the relevant activities under the Union compulsory licence.
Amendment 49 #
Proposal for a Regulation
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(a a) the patent prices market before and during the crisis or emergency;
Amendment 50 #
Proposal for a Regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. After the end of the situation of crisis or emergency, the Commission shall allow the rights-holder to demand a higher compensation that shall not exceed 40 % of the total gross revenue generated by the licensee.
Amendment 51 #
Proposal for a Regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. The rights-holder shall make its demand to the Unitary Patent Court with the assistance of the Commission.
Amendment 73 #
Proposal for a Regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The relations between the rights- holder and the licensee who has been granted a Union compulsory license shall act and cooperate with each other in good faith when performing rights and obligations under this Regulation. The Commission shall set structures to facilitate dialogue between the rights- holder and the licensee.
Amendment 74 #
Proposal for a Regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. In case of the impossibility to reach an agreement on the final remuneration, the Commission shall accompany the rights-holder and the licensee to the Unitary Patent Court for it to reach a final sentence on the remuneration.