Subsection 4: Compulsory licences in the interests of economic development

The formal notice provided for in Article L. 613-18 (paragraph 1) shall be the subject of a reasoned decision by the Minister responsible for industrial property, taken after consultation with the Minister for the Economy and Finance and the Minister responsible for Scientific Research and Atomic and Space Issues. This decision specifies the needs of the national economy that have not been met. The decision is notified, with its reasons,…

The one-year period provided for in paragraph 2 of Article L. 613-18 runs from the day of receipt of the notification provided for in Article R. 613-26. The legitimate excuses provided for in paragraph 3 of article L. 613-18 must be presented within this time limit. The additional period that the Minister responsible for industrial property may grant to the interested party by virtue of the same paragraph 3 shall…

The decree in the Council of State subjecting the patent, which is the subject of the formal notice, to the ex officio licence system, is issued on the joint report of the Minister responsible for industrial property, the Minister for the Economy and Finance, the Minister responsible for scientific research and atomic and space matters and, where appropriate, the Minister directly concerned in view of the subject matter of the…

The application for an operating licence provided for in Article L. 613-18 (paragraph 4) is sent to the Minister responsible for industrial property. It states: 1° The surname, first name and profession of the applicant and, if applicable, the name of the person responsible for representing or assisting him; 2° The patent for which the licence is requested; 3° Proof of the applicant’s qualification, from a technical, industrial and financial…

A copy of the licence application is notified by the Minister responsible for industrial property to the owner of the patent and, where applicable, to the licensees of the said patent. The latter shall have a period of two months from receipt of the notification to submit their observations to the said Minister.

The order provided for in Article L. 613-18 (paragraph 5) shall be notified to the owner of the patent, to the licensees and to the beneficiary of the licence applied for. It shall be entered automatically in the National Patent Register.

Proceedings to set the fees provided for in Article L. 613-18 shall be brought before the Paris judicial court. In these proceedings, the summons shall be served on a fixed date.

Amendments to the terms of the exploitation licence requested either by the patent holder or by the holder of this licence shall be decided and published in accordance with the procedure prescribed for the grant of the said licence. If they relate to the amount of the royalties, they shall be decided in accordance with the procedure prescribed for the initial fixing of that amount. The procedure for granting the…