Maybe it could be called something like "licensing by right" or "right-to-use", so casting it as a defence of something positive, rather than the imposition of something negative.
"Right-to-use" sounds like something people could get behind.
Congress needs to pass "Right-to-use" patent reform to prevent Saudi oil companies from buying up patents that increase gas mileage and preventing US companies from developing them into products.
I don't think this has ever actually happened, but current patent law would allow it.
Isn't the word "statutory" used in similar contexts? So there would be a "statutory" maximum for, say, individual and total royalty costs in producing some product.