Any person governed by public or private law may, on the expiry of a period of three years after the grant of a patent, or of four years from the date of filing of the application, obtain a compulsory licence of that patent, under the conditions laid down in the following Articles, if at the time of the request, and unless there is a legitimate excuse, the owner of the patent or his successor in title:
a) Has not begun to exploit or is making effective and serious preparations to exploit the invention which is the subject of the patent on the territory of a Member State of the European Economic Community or of another State which is a party to the Agreement on the European Economic Area;
b) Has not marketed the product which is the subject of the patent in a sufficient quantity to satisfy the needs of the French market.
The same shall apply where the exploitation provided for in a above or the marketing provided for in b above has been abandoned for more than three years.
For the application of this article, the importation of products which are the subject of patents manufactured in a State which is a party to the Agreement establishing the World Trade Organisation shall be considered as an exploitation of that patent.