Following the European Commission’s call for contributions of July 2020, the Institut Stanislas de Boufflers has joined the work of the Association Henri Capitant on the creation of a European Business Code to propose a detailed commentary on the Intellectual Property Action Plan of the Union.
While the European legislator is multiplying sectoral reforms, the European construction still lacks a unifying impetus to enable intellectual property to be a strong and integrated support for the internal market. Through the many themes addressed in this commentary, the authors plead for an ever more thorough harmonization so that a unified, simple and coherent legal background can be established within the Union for regulations to come (big data, IoT, artificial intelligence, etc.).
Published : August 2020.
Publisher: De Boufflers’ Editions (dir. Romain David Bourdon).
Current research for COVID-19 treatments is based on known active ingredients covered by industrial property titles (patents or supplementary protection certificates). These titles confer to their holder an exclusive right of exploitation on the claimed substances. Consequently, the manufacture by third parties of anti-COVID-19 drugs whose composition would include protected molecules will require the obtaining of exploitation authorisations, in principle granted at the discretion of the rights holders. The mechanism of ex officio licensing in the interest of public health makes it possible to bypass the granting of such authorisations by obliging the holders to grant rights to use the patented inventions to third parties.
However, under the rule of law, the use of ex officio license would be difficult. To overcome them, the mechanism should be made more flexible to ensure its effective implementation. This report, entitled COVID-19: How to Implement the Ex Officio License, presents proposals for amendments to existing legislation and regulations.
Language: English (Translation of the French Version).
Publisher: De Boufflers’ Editions.