INTA Provides Comments on the EU’s Industrial Accelerator Act

On March 4, 2026, the European Commission published its legislative proposal for the Industrial Accelerator Act (IAA), the EU’s response to an increasingly competitive global industrial landscape. The proposal aims to strengthen Europe’s industrial and technological base, encourage strategic investment in innovation, and ensure that the value generated by future technologies remains within the EU market.

Against this background, INTA had the opportunity to contribute to the discussion by providing comments on the proposal. For INTA, the IAA is more than an industrial and environmental initiative. As it focuses on innovation-driven sectors and includes provisions relating to foreign investment, technology transfer, licensing, and know-how, it also has significant implications for intellectual property (IP).

Overview of the Industrial Accelerator Act

The IAA aims to strengthen EU industrial capacity and resilience while supporting the transition to low-carbon manufacturing. To respond to these challenges, the proposal seeks to increase industrial manufacturing to 20 per cent of EU GDP by 2035.

The IAA introduces several measures designed to stimulate investment and production within the Union. These include:

• Introducing “Made in EU” requirements covering strategic technologies and components and low-carbon preferences in public procurement and public support;
• Strengthening foreign direct investments (FDI);
• Introducing Industrial Acceleration Areas; and
• Simplifying the permission procedure for industrial manufacturing projects.

Why the IAA Matters for IP

The relevance of the IAA for the IP community stems from its focus on innovation-intensive sectors of the EU economy, including batteries, hydrogen, clean energy technologies, electric vehicles, advanced manufacturing, and industrial decarbonization solutions. These industries rely heavily on patents, trade secrets, proprietary know-how, software, and other intangible assets to create and maintain competitive advantage.

The proposal is also significant because it directly addresses issues that are central to the management and exploitation of IP. Its provisions on foreign direct investment and technology transfer, including potential IP licensing requirements under Article 18, may influence how strategic technologies are owned, shared, commercialized, and retained within the EU.

The Act raises important questions concerning the valuation of intangible assets, the treatment of trade secrets and know-how, and the governance of jointly developed IP in collaborative innovation projects. At the same time, against the backdrop of the new geopolitical reality, European industry stakeholders increasingly recognize that strengthening Europe’s strategic autonomy must go hand in hand with remaining open to external investment, which continues to play an important role in supporting innovation, industrial growth, and competitiveness across the EU.

INTA’s Position

INTA has welcomed the overall objectives of the IAA. The Association supports measures that strengthen the EU Single Market, promote innovation, attract investment, and enhance the competitiveness of EU industry.

Nevertheless, INTA believes that several IP-related provisions would benefit from additional clarification to improve legal certainty, reduce implementation risks, and facilitate investment. These are listed below.

• Inventory and Valuation of Existing IP Assets: INTA recommends establishing a structured mechanism for the identification and valuation of pre-existing IP rights involved in investment projects.
• Inventory and Valuation of Existing IP Assets: INTA recommends establishing a structured mechanism for the identification and valuation of pre-existing IP rights involved in investment projects.
• Distinguishing IP Rights from Trade Secrets: The regulation should clarify whether know-how falls within the definition of trade secrets established by Directive (EU) 2016/943. INTA recommends clearly distinguishing formal IP rights from trade secrets because they are governed by different legal frameworks.
• Clarification of Co-Ownership Rules: The proposal also addresses cooperation between foreign investors and EU-based entities, creating situations in which IP may be jointly developed and owned. INTA considers that the regulation should provide clearer guidance regarding decision-making powers in co-ownership situations.
• Licensing Obligations and Fair Compensation: Perhaps the most important recommendation concerns licensing obligations associated with foreign direct investment approvals. INTA supports the principle that any licensing requirement should be limited to what is necessary for the economic activity concerned, but believes additional guidance is needed regarding the application of this test. Any mandatory licensing arrangement must ensure fair and adequate remuneration for rights holders.

Key Takeaways and Looking Ahead

The Industrial Accelerator Act is likely to become a central piece of European industrial policy over the coming years.

As the legislative process advances, the treatment of IP will be critical. The success of the Act will depend not only on its ability to promote industrial capacity and decarbonization, but also on its capacity to provide predictable and balanced rules for innovation, investment, technology transfer, and IP protection.

By strengthening provisions on IP valuation, trade secrets, co-ownership, and licensing, lawmakers can help ensure that the IAA promotes both industrial growth and a robust innovation ecosystem, reinforcing Europe’s competitiveness in strategically important sectors for decades to come.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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