Brussels, 28 July 2023

Today EuropaBio published its position on the proposal for a Regulation on compulsory licensing for crisis management as part of its ongoing work to protect biotech innovation in Europe.

The far-reaching proposal presented by the European Commission risks further eroding intellectual property protection and set a dangerous precedent about the stability and value of intellectual property rights (IPRs) in Europe. The experience of the COVID-19 pandemic has shown that IP is not a barrier to access as vaccines and therapeutics were delivered in sufficient quantities to and from Europe without the use of compulsory licensing. The proposed Regulation will also significantly impact innovation from small and growing companies for whom patents are often the key value to their existence and ability to raise investments to continue their development.

EuropaBio Director-General Dr. Claire Skentelbery said: “The proposal undermines intellectual property and consequently life sciences and biotechnology innovation. Biotechnology-derived innovations have been critical in the pandemic response, and none of these would have been possible without a robust IP framework to secure investment in high-risk research, infrastructures, skills and diversified products. Undermining IP in the EU will only increase our dependency on other regions as innovators commit into countries that recognise IP as a as the main driver for innovation.”

It is essential that compulsory licensing remains a last resort option, triggered appropriately within the right legal framework, and subject to a continuous, independent, and fair judicial oversight through all phases of the compulsory licensing. process EuropaBio is committed to engage with policymakers and stakeholders to ensure the proposal does not negatively impact Europe’s innovative biotech industries.

The full paper can be downloaded below.