Subsection 5: Compulsory licences and expropriation for national defence purposes

The request sent by the Minister of Defence to the Minister responsible for industrial property with a view to obtaining, pursuant to Article L. 613-19, an ex officio licence for national defence requirements, shall include all relevant details of the conditions necessary to meet those requirements and relating in particular:

The order of the Minister responsible for industrial property granting the licence sets out the conditions, taking into account the elements of the application specified above. It is immediately notified by the Minister responsible for industrial property to the Minister of Defence and to the owner of the patent application or patent. It is automatically entered in the National Patent Register. In the case of a patent application, the entry…

Following the notifications provided for in the preceding article, the owner of the patent application or patent shall make known to the Minister for Defence, by registered letter with acknowledgement of receipt, his claims as to the remuneration of the licence granted to the State. The matter may not be referred to the judicial court with a view to fixing the amount of the remuneration, pursuant to Article L. 613-19…

If the object of the ex officio licence is the exploitation of an invention covered by a patent application, the disclosure and free exploitation of which are prohibited by application of articles L. 612-9 or L. 612-10 (paragraphs 1 and 2), the court seised with a view to fixing the remuneration for the ex officio licence shall rule, both on the merits and before the court, by decisions which do…

The provisions of Article R. 613-37 shall apply, independently of the action to fix the remuneration for the ex officio licence, to any proceedings relating to a dispute arising from the enforcement of the order granting such a licence.

The decree pronouncing, under the conditions provided for by article L. 613-20, the expropriation of an invention, which is the subject of a patent application or patent, shall be notified by the Minister responsible for industrial property to the owner of the patent application or patent.

Following the notification provided for in the previous article, the expropriation compensation shall be determined in the same way as is provided for the remuneration of the ex officio licence by the articles R. 613-36 and R. 613-37.

When the civil action provided for in Article L. 615-10 is brought on the basis of a patent application that is subject to the prohibitions set out in articles L. 612-9 or L. 612-10 (first and second paragraphs) or when it concerns design or manufacture as referred to in paragraphs 2 and 3 of the said article L. 615-10, the judicial decisions to which it gives rise are subject to…

Where an appeal is lodged against a decision or order made pursuant to Article L. 612-10 (first and second paragraphs) or against an order or decree made pursuant to article L. 613-19 or of Article L. 613-20, where such order or decree concerns an invention the disclosure and free exploitation of which are prohibited, the administrative court shall rule, both on the merits and before the law, by decisions which…