The orders of the Minister responsible for industrial property provided for in Articles L. 613-16and L. 613-17 shall be made following the reasoned opinion of a commission composed as follows:
1° A Conseiller d’Etat, chairman, appointed by joint order of the ministers responsible for industrial property and health;
2° The Director General of Health or his representative;
3° The Director of the Institut national de la santé et de la recherche médicale or his representative;
4° The Director General of the Institut national de la propriété industrielle or his representative;
5° The Director General of Enterprises or his representative;
6° The Director General of the Agence nationale de sécurité du médicament et des produits de santé or his representative;
7° Two doctors or their alternates appointed for three renewable years by the Minister for Health, on the proposal of the National Academy of Medicine;
8° A pharmacist or his or her alternate appointed for three renewable years by the Minister for Health, on the proposal of the National Academy of Pharmacy ;
9° A qualified personality appointed for three renewable years by the Minister in charge of health due to their expertise in pharmaceutical law;
10° Two members appointed for three renewable years by the Minister in charge of industrial property.
The commission’s secretariat is provided by the Institut national de la propriété industrielle.
The commission may only validly sit, on a first call, if at least seven of its members are present. Where the quorum is not reached, the Board shall validly deliberate without a quorum requirement following a further notice of meeting on the same agenda and specifying that no quorum will be required.
The Chairman casts the deciding vote in the event of a tie.