Ongoing study - Compulsory licensing of pharmaceuticals is a legal mechanism that exists both in international law, European law and Belgian law. It allows the government, in certain circumstances, to authorise a third party to produce a product or use a method covered by a patent without the consent of the patent holder. That procedure can be applied 'in the event of a public health crisis', as provided for in the Economic Law Code.
The Federal Commission de la Santé et de l’Egalité des chances / Commissie voor gezondheid en gelijkheid van kansen submitted a proposal to extent this law to very expensive pharmaceutical products.
KCE will analyse of the legal framework related to the compulsory licensing for expensive drugs in order to assess the feasibility and effectiveness of this proposal.
The results of this analysis will be used to formulate recommendations on the possible use of compulsory licenses for very expensive pharmaceutical products in Belgium.