The proposed patent package concerns, among other things, protection certificates. Image source: Pixabay
Provided they are approved by the European Parliament and the Council of the European Union, new patent regulations will come into force. The EU Commission presented a patent package at the end of April. It deals with the following topics:
- Standard Essential Patents (SEP)
- compulsory licenses
- protection certificates
SEP licensing framework for more transparency
With the proposed SEP licensing framework, the EU Commission wants to ensure that the provision and use of Wi-Fi, 5G and Bluetooth is strengthened in the European market. It aims to improve global competitiveness.
Introduction of compulsory licensing
In response to the Corona pandemic and the related discussion about patented vaccines, whose production methods were not shared despite enormous demand, the Commission wants to introduce an EU-wide compulsory licensing instrument. It is to be used exclusively in emergency situations and authorize governments to use patented inventions – even without the consent of the patent holders.
EU-uniform protection certificate
Until now, supplementary protection certificates (SPC) have only applied at national level, which the EU Commission would like to change. Its proposal: an EU-wide uniform protection certificate with a centralized examination procedure. Weaknesses of the current system due to high costs and legal uncertainty in the entire European area are to be compensated by this.
The EU Commission’s proposal is based on the Action Plan for Intellectual Property.
Source: DIHK (german language)
