Article 5 — General requirements concerning a Union compulsory licence

1. The Union compulsory licence shall: (a) be non-exclusive and non-assignable, except with that part of the enterprise or goodwill which enjoys the Union compulsory licence; (b) have a scope and duration that are strictly limited to the purpose for which the Union compulsory licence is granted and to the scope and duration of the crisis or emergency mode in the framework of which it is granted; (c) be strictly limited to the relevant activities that are necessary to ensure the adequate supply of crisis-relevant products in the Union; (d) be granted only against payment of an adequate remuneration to the right holder, as determined in accordance with Article 9; (e) be strictly limited to the Union; (f) be granted only to a person or an entity that has the capacity to exploit swiftly the protected invention in a manner that permits the proper carrying out of relevant activities concerning the crisis-relevant products; and (g) automatically expire if the crisis or emergency mode ends. 2. A Union compulsory licence for an invention protected by a published patent application shall also cover a patent granted based on that application, provided that the patent is granted while the Union compulsory licence is valid. This paragraph shall apply mutatis mutandis to published applications for utility models. 3. A Union compulsory licence for an invention protected by a patent shall cover a supplementary protection certificate issued with reference to that patent, where that certificate continues to cover the crisis-relevant product, provided that: (a) the transition from patent protection to protection conferred by a supplementary protection certificate takes place while the Union compulsory licence is valid, and (b) the Union compulsory licence specifies that it applies to such supplementary protection certificate.