Applications for a compulsory licence pursuant to articles L. 613-11 to L. 613-15 shall be submitted to the courts designated in accordance with the provisions of Article L. 615-17. They shall be lodged, investigated and judged in accordance with the ordinary law procedure, subject to the provisions of articles R. 613-5 to R. 613-44.
On pain of inadmissibility, the summons and pleadings must, within fifteen days of service, be communicated by registered letter with acknowledgement of receipt to the National Institute of Industrial Property by the party who served the summons or pleadings. .
The Minister responsible for industrial property may submit to the court his observations on the licence application by memorandum addressed to the secretariat-registry. The Director General of the National Institute of Industrial Property or an official from his department, delegated by the Minister responsible for industrial property, shall be heard, if he so wishes, by the court.
The provisions of articles R. 613-4 to R. 613-6 apply to proceedings before the Court of Appeal.
All decisions taken by the courts, courts of appeal and the Court of Cassation concerning compulsory licences shall be notified immediately by the secretary-registrar to the Director General of the National Institute of Industrial Property. Final decisions shall be entered ex officio in the National Patent Register.
Applications for the assignment of the compulsory licence, its withdrawal or the revision of the conditions under which it was granted are subject to the provisions of articles R. 613-4 to R. 613-8.
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…
Reports to the Committee are entrusted either to members of the Committee or to members of the Conseil d’Etat, the Court of Auditors, the Inspectorate General of Finance and the Inspectorate of Pharmacy, appointed by order of the Minister responsible for industrial property. The chairman appoints, for each case, one or, if necessary, several rapporteurs. Rapporteurs receive an allowance, the amount of which is set by joint order of the…
The commission may appoint experts whose remuneration, provided under the same conditions as those of experts before the courts, shall give rise to a fee order by the chairman of the commission.
In the cases provided for in Article L. 613-16, the matter is referred to the commission by reasoned decision of the Minister responsible for industrial property, taken at the request of the Minister responsible for public health. This decision is notified, within forty-eight hours, with its reasons, to the owner of the patent and, where applicable, to the holders of licences on this patent entered in the National Patent Register,…
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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