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EU Gears Up For Compulsory Licensing Reform

Executive Summary

The European Commission has laid out a number of possibilities for changing the EU framework on compulsory licensing to improve the availability of products in health emergencies. The options include extending the scope of compulsory licences beyond patents to other forms of protection such as data exclusivity.

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As we await the outcome of the public consultation on a possible future EU-level framework for compulsory licensing, Beatriz San Martin and Shishu Chen of law firm Arnold & Porter suggest that if certain “open questions” are addressed satisfactorily, such a framework could allow IP owners to formulate their business strategies more effectively in the event of future health emergencies.

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