For a compulsory licence on the grounds of public interest (article 57(1) ROW), the granting of the licence is entrusted to the Ministry of Economic Affairs and Climate Policy (with the possibility of an appeal to the administrative court). A request for a compulsory licence must be addressed to the Minister. The law provides for the possibility that the Minister grants a compulsory licence "to itself" in case the government feels a public-interest need to be able to exploit an invention.
6.1 Any negotiation required between the applicant and the right holder before applying for a compulsory licence?
No negotiations between stakeholders and the holder of the patent are required for the Minister to grant the licence.
However, before making its decision, the Minister shall, unless the urgency of the matter dictates otherwise, examine whether the patent holder is willing to grant the licence voluntarily on reasonable terms. The patent holder will be allowed to put forward its objections in writing and orally. There is no minimum number of years required for the patent to be granted and/or implemented in order to be subject to compulsory licensing.
6.2 Any urgent situation required in order to grant a compulsory licence?
Urgency is not a formal requirement. However, regarding the most important category of compulsory licences for reasons of "public interest", such public-interest cases will likely involve an element of urgency.
6.3 Any minimum number of years required for the patent to be granted and/or implemented in order to be subject to compulsory licensing?
For compulsory licences based on public interest, there is no minimum number of years required in order to be subject to compulsory licensing. As for the other grounds, only a compulsory licence for non-use requires three years of non-usus for it to be applicable.