If the interests of public health so require and in the absence of an amicable agreement with the patent proprietor, the Minister responsible for industrial property may, at the request of the Minister responsible for public health, subject by order to the ex officio licence system, under the conditions provided for in Article L. 613-17, any patent granted for:
a) A medicinal product, a medical device, an in vitro diagnostic medical device, an ancillary therapeutic product;
b) A process for obtaining them, a product necessary for obtaining them or a process for manufacturing such a product;
c) An ex vivo diagnostic method.
Patents for these products, processes or diagnostic methods may only be subject to compulsory licensing in the interests of public health where these products, or products derived from these processes, or these methods are made available to the public in insufficient quantity or quality or at abnormally high prices, or where the patent is exploited under conditions contrary to the interests of public health or constituting practices declared to be anti-competitive following an administrative or judicial decision that has become final.
Where the purpose of the licence is to remedy a practice declared to be anti-competitive or in an emergency, the Minister responsible for industrial property is not obliged to seek an amicable agreement.