Unless there is a risk to patients’ health, proprietary medicinal products which fulfil the conditions for being a reference proprietary medicinal product in an existing generic group may, by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé, be entered in the register of generic groups in the same group, until a marketing authorisation is issued for a generic proprietary medicinal product of these proprietary medicinal products. For the purposes of applying these provisions, the Ministers responsible for health and social security, at the request of an applicant, may submit a request to this effect to the Director of the Agency.
In this case, the Director General of the Agency, if the conditions laid down in b of 5° of Article L. 5121-1 are met, informs the holder of the marketing authorisation issued for this medicinal product of his intention to include the medicinal product concerned in the register of generic groups. At the end of a period of sixty days following this information, the Director General of the Agency registers the medicinal product in the register of generic groups.