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…
The application for an operating licence provided for in Article L. 613-17-1 shall be addressed to the Minister responsible for industrial property. It shall include the information mentioned in Article 6 of Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems. The application…
The order granting the compulsory operating licence shall be issued after a reasoned opinion has been given by the committee referred to in Article R. 613-10 which shall give its opinion on whether the application complies with Articles 6 to 10 of Regulation (EC) No 816/2006. The procedure applicable is that set out in Articles R. 613-11, R. 613-12, R. 613-15 et R. 613-19 to R. 613-25. Orders granting or…
The holder of the compulsory exploitation licence may request the Minister responsible for industrial property to amend the conditions of the licence in order to be able to supply additional quantities of products, under the conditions set out in Article 16-4 of Regulation (EC) No 816/2006.
The arrangements for the identification of products manufactured under compulsory licence pursuant to Article 10-5 of Regulation (EC) No 816/2006 are established by a decision of the Director General of the National Agency for the Safety of Medicines and Health Products.
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…
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is a Registered Trademark of
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75001, Paris France
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