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.