The infringement action is brought by the patent owner.
Unless otherwise stipulated in the licence agreement, it is also open to the holder of an exclusive licence provided, on pain of inadmissibility, that the patent holder is informed in advance.
The holder of a non-exclusive licence may bring an infringement action, if the licence contract expressly authorises him to do so, provided that he first informs the patent holder, failing which he will be barred from doing so.
The holder of a compulsory licence or an ex officio licence, mentioned in Articles L. 613-11, L. 613-15, L. 613-17, L. 613-17-1 and L. 613-19, may bring infringement proceedings if, after formal notice, the patent owner does not bring such proceedings.
The patent proprietor shall be entitled to intervene in infringement proceedings brought by the licensee in accordance with the preceding paragraphs.
Any licensee shall be entitled to intervene in infringement proceedings brought by the proprietor of the patent in order to obtain compensation for the prejudice suffered by him.
The validity of a patent cannot be challenged during infringement proceedings brought by a licensee if the patent owner is not a party to the proceedings.