Zwangslizenzen als Mittel der Pandemiebekämpfung

Patent law serves as an effective instrument for protecting inventions and is particularly important for companies in the pharmaceutical sector. However, the law on the protection of trade secrets is closely interwoven with patent law. In practice, patents are therefore usually licensed along with the corresponding know-how. While § 24 PatG enables the compulsory licensing of patents under certain conditions, there is no similar provision in the law on the protection of trade secrets. This work examines the possibility and the need to implement a corresponding provision in the law on the protection of trade secrets in order to enable more effective measures in crisis situations. It focuses on the provisions of Directive (EU) 2016/943 and the constitutional requirements of the European Charter of Fundamental Rights.