Recital (19)

A Union compulsory licence authorises the use of a protected invention without the consent of the right holder. Therefore, such a licence should be granted only exceptionally and under conditions that take into account the interests of the right holder. For that reason, the scope, duration and territorial coverage of the licence should be clearly determined. In the context of a Union crisis or emergency mechanism, the crisis or emergency mode is declared for a limited period of time. Where a Union compulsory licence is granted within such a framework, the duration of the licence should not extend beyond the duration of the declared crisis or emergency mode. In order to ensure that the Union compulsory licence fulfils its objective as well as the conditions for being granted, the use of the protected invention should be authorised only to a qualified person or entity that has the capacity to exploit the protected invention and consequently to manufacture or market the crisis-relevant product and to pay an adequate remuneration to the right holder. When selecting potential licensees, the Commission should also take into account criteria such as the price of the crisis-relevant products, the potential licensees’ capacity to supply crisis-relevant products of the quality required in the relevant field and to supply them in sufficient quantities, in a timely manner and in accordance with all the industrial and sanitary requirements. To that end, the potential licensees should provide any information relevant for that purpose in the course of the procedure for granting a Union compulsory licence, as well as information about any changes to their capacity of supply that occur after the granting of the licence.