Recital (30)

In the implementing act by which it grants a Union compulsory licence, the Commission should identify the patents and, where applicable, published patent applications, as well as utility models and, where applicable, published applications for utility models, and supplementary protection certificates related to the crisis-relevant products. The Commission should also identify the right holders of those intellectual property rights. It cannot be fully excluded that, despite the efforts undertaken by the Commission and the competent advisory body, further intellectual property rights covering the crisis-relevant product referred to in a Union compulsory licence by its non-proprietary name or Combined Nomenclature (CN) code are identified only after the licence has been granted and therefore are not listed therein. As the Union compulsory licence should ensure the adequate and swift supply of crisis-relevant products, in such a situation, the Commission should modify the Union compulsory licence by means of an implementing act, so as to update the list of intellectual property rights and right holders. To ensure a balance between the safeguarding of the public interest and the rights and interests of right holders, that modification should, where appropriate, have retroactive effect. That retroactive effect should not prevent the right holders from submitting comments on the possibility of reaching a voluntary licensing agreement with the licensees and on the amount of adequate remuneration. It should prevent situations such as recalls from the market or the destruction of crisis-relevant products due to an incomplete list of intellectual property rights and right holders, where such measures would threaten the supply of crisis-relevant products in the Union. The modified Union compulsory licence should also identify any necessary safeguards and adequate remuneration to be paid to each newly identified right holder. In accordance with Article 297 of the Treaty on the Functioning of the European Union (TFEU), the Commission should notify the addressees of the implementing act granting the Union compulsory licence, as well as of the implementing act modifying or terminating the Union compulsory licence.