Recital (20)

When considering the granting of a Union compulsory licence, the Commission should, in order to be able to take a well-informed decision, be assisted and advised by an advisory body. Discussions on whether there is a need for a Union compulsory licence might often already start in the context of the work of an advisory body involved pursuant to the relevant Union crisis or emergency mechanism. Those early discussions should provide the Commission with information on the lack of adequate supply of crisis-relevant products and available manufacturing capacities, as well as, whenever possible, initial information on the intellectual property rights and the right holders concerned. In the context of the early discussions within the competent advisory body, the Commission should also assess whether the specific measures taken pursuant to the relevant Union crisis or emergency mechanism are sufficient to address the lack of adequate supply of crisis-relevant products. If this is not the case and a Union compulsory licence seems, a priori, necessary, the competent advisory body should provide the Commission with a clearer idea of how products manufactured or marketed under the Union compulsory licence could be adequately delivered. The preliminary information gathered by the competent advisory body should help the Commission in determining whether to initiate the procedure for granting a Union compulsory licence, as well as in establishing the content of the notice to be published for that purpose.