For a similar biological medicinal product defined in a of 15° of Article L. 5121-1, the marketing authorisation may be granted before the expiry of the intellectual property rights attached to the reference biological medicinal product. The applicant for authorisation must inform the holder of these rights at the same time as he submits his application.
Where the Agence nationale de sécurité du médicament et des produits de santé has granted a marketing authorisation for a similar biological medicinal product, it shall inform the marketing authorisation holder of the reference biological medicinal product.
The Director General of the Agency registers the similar biological medicinal product in the reference list of similar biological groups provided for in b of the same 15° at the end of a period of sixty days, after informing the holder of the marketing authorisation for the reference biological medicinal product that the marketing authorisation has been granted. The similar biological medicinal product may not be marketed until the intellectual property rights of the reference biological medicinal product have expired, unless the holder of these rights agrees.
Prior to marketing, the marketing authorisation holder of the similar biological medicinal product shall inform the Director General of the National Agency for the Safety of Medicines and Health Products of the indications, pharmaceutical forms and strengths of the reference biological medicinal product for which the intellectual property rights have not expired.
For the sole purpose of ensuring publicity, the Director General of the National Agency for the Safety of Medicines and Health Products shall make available to the public the list of intellectual property rights attached to a reference biological medicinal product if the holder of the marketing authorisation for this medicinal product has communicated it to him for this purpose. The laboratory is solely responsible for the accuracy of the information provided.