1. For the purposes of this Regulation, the competent advisory body shall assist and advise the Commission in the following tasks:
(a) identifying the intellectual property rights covering the crisis-relevant product, and identifying the corresponding right holder;
(b) disseminating the notice published in accordance with Article 7(1) through appropriate channels;
(c) identifying potential licensees and assessing whether they have the capacity to exploit swiftly the protected invention in a manner that permits the proper carrying-out of relevant activities concerning the crisis-relevant product, in accordance with the obligations referred to in Article 10;
(d) gathering the views of the right holder and potential licensees, including on whether voluntary licensing agreements can be concluded within a reasonable timeframe and, where relevant, by ensuring the participation of the right holder and potential licensees in the discussions within the competent advisory body, as well as analysing comments received, in accordance with Article 7(2), point (c);
(e) gathering the views, where relevant, of economic operators in the sectors concerned, and of other relevant entities;
(f) gathering the views of experts from national intellectual property offices and the views of national authorities responsible for granting national compulsory licences, including by ensuring their participation in the discussions within the competent advisory body where those discussions concern intellectual property rights;
(g) gathering and analysing crisis-relevant information, including on the existing national compulsory licences reported to the Commission in accordance with Article 22, and the market intelligence available, in particular in order to take account of:
(i) the characteristics of the crisis or emergency and how it is expected to evolve;
(ii) the lack of adequate supply of crisis-relevant products in the Union;
(iii) the existence of means other than a Union compulsory licence to remedy the lack of adequate supply of crisis-relevant products in the Union;
(h) facilitating the exchange and sharing of information with other relevant bodies and other crisis-relevant bodies at Union and national level, as well as with relevant bodies at international level, where appropriate.
2. The chair of the competent advisory body shall invite a representative of the European Parliament to the relevant meetings of the competent advisory body as an observer, where possible under the applicable Union crisis or emergency mechanism.
3. The competent advisory body shall provide an opinion on the need for a Union compulsory licence and on the content of the licence, in accordance with Article 7(4).
4. The competent advisory body shall provide views on whether the Union compulsory licence should be modified or terminated, in accordance with Article 14.
5. Where there is no advisory body referred to in the Annex, the competent advisory body shall be an ad hoc advisory body set up by the Commission (the ad hoc advisory body). The Commission shall chair the ad hoc advisory body and provide its secretariat. Each Member State shall have the right to be represented in the ad hoc advisory body. The chair of the ad hoc advisory body shall invite a representative of the European Parliament as an observer to the relevant meetings of the ad hoc advisory body.
6. The Commission shall, by means of an implementing act, lay down the rules of procedure of the ad hoc advisory body referred to in paragraph 5 of this Article. The rules of procedure shall specify that the ad hoc advisory body is to be set up for a period not exceeding the duration of the crisis or emergency. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 23(2).
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.