Subsection 1: Compulsory licences

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.