EC adopts Regulation on patent licensing

The Council of the European Union has adopted, in its first reading, a Regulation (PE-CONS 3674/05) on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems, with the German delegation abstaining from the vote.

This Regulation is aimed at facilitating and regulating at EU level the granting of compulsory licenses for the supply of patented drugs to countries in need. After its entry into force, it will make it possible to handle cases of public health emergencies, such as avian flu, in poor developing countries lacking the capacity to manufacture such medicines locally.

In a press statement from the Council it is noted that intensive cooperation between it and the European Parliament has allowed the rapid adoption of this Regulation, which is directly applicable to all member states since the date of its entry into force, ie, the 20th day following its publication in the EU's Official Journal.