Subsection 2: Compulsory licences in the interests of public health

The Minister responsible for industrial property takes his decision in the light of the final opinion issued by the commission, after examining the observations of the interested parties.

The order granting the exploitation licence provided for in Article L. 613-17 is notified to the patent owner, licensees and the beneficiary of the requested licence. It is automatically entered in the National Patent Register.

The licence applicant, the patent owner and the licence holders or their representatives may be heard by the committee responsible for issuing the opinions provided for in articles R. 613-10 and R. 613-19, either at their request, or when summoned by the commission of its own motion. The summonses are sent to them at least eight days in advance.

In the event that the time limits set out in articles R. 613-14, R. 613-15 and R. 613-19 (paragraph 2) are not complied with, the commission shall disregard them without any reminder or formal notice.

In proceedings to fix the royalties provided for in article L. 613-17 (paragraph 3), the summons shall be served on a fixed date.

Amendments to the terms of the exploitation licence requested either by the owner of the patent or by the holder of that 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…