Recital (39)

In order to respond appropriately to crisis or emergency situations, the Commission should be empowered to review the conditions of the Union compulsory licence and adapt them to new circumstances. Where necessary, the list of the rights and right holders covered by the Union compulsory licence should be updated, with retroactive effect where appropriate. Where a published patent application or a published application for a utility model is included in the content of the Union compulsory licence but such application does not result in a patent or a utility model or where the scope of protection of the patent or the utility model granted based on such application no longer covers the crisis-relevant product, the list of the rights and right holders should be updated accordingly, without retroactive effect. In addition, that list should be modified without retroactive effect in the case of a transfer or revocation of a right covered by the Union compulsory licence. If the circumstances which led to the Union compulsory licence being granted cease to exist and are unlikely to recur, the Union compulsory licence should be terminated. The Commission should notify the right holder and the licensee of the termination of the Union compulsory licence, as well as of its expiry in the event that the relevant crisis or emergency mode has ended. The right holder and the licensee should be notified sufficiently in advance to enable the orderly completion of the activities relating to crisis-relevant products covered by a Union compulsory licence. However, such advance notification should not be required in certain cases, for instance where the licence is terminated due to non-compliance with a licensee’s obligation laid down in this Regulation. When deciding on the modification of the Union compulsory licence, the Commission should consult the competent advisory body and duly consider the rights and interests of the right holder and the licensee.