The State may obtain ex officio, at any time, for the needs of national defence, a licence for the exploitation of an invention, which is the subject of a patent application or patent, whether such exploitation is made by itself or on its behalf.
The ex officio licence is granted at the request of the minister responsible for defence by order of the minister responsible for industrial property. This order sets the conditions of the licence excluding those relating to the royalties to which it gives rise.
The licence takes effect on the date of the application for the ex officio licence.
Failing amicable agreement, the amount of the royalties shall be fixed by the court. At all levels of jurisdiction, hearings take place in chambers.