Recital (33)

It is imperative that the crisis-relevant products manufactured or marketed under a Union compulsory licence are supplied only within the internal market. The Union compulsory licence should therefore impose upon the licensee clear conditions as regards the activities authorised under the licence, including the territorial scope of those activities. In accordance with Directive 2004/48/EC, the right holder should be able to challenge as infringements of its intellectual property rights actions of the licensee and uses of the intellectual property rights covered by the Union compulsory licence that do not comply with the conditions of the licence. In order to facilitate monitoring of the distribution of crisis-relevant products manufactured or marketed under a Union compulsory licence, including controls by customs authorities, the licensee under a Union compulsory licence should ensure that such products have special characteristics that make them easily identifiable and distinguishable from the products manufactured or marketed by the right holder or other licensees. In addition, the licensee under a Union compulsory licence should regularly record the quantities of crisis-relevant products manufactured or marketed under the Union compulsory licence. Those records should make it possible to establish the quantities of crisis-relevant products so manufactured or marketed during a given period.