French Intellectual Property Code
In forceWhen an invention, which is the subject of a patent application or patent, is exploited for national defence purposes by the State or its suppliers, subcontractors and subcontractors, without an exploitation licence having been granted to them, the civil action shall be brought before the council chamber of the judicial court. The latter may not order either the cessation or interruption of exploitation or the confiscation provided for in
Articles L. 615-3et
L. 615-7-1.
If an expert appraisal or description with or without actual seizure as provided for in
Article L. 615-5is ordered by the president of the court, the public officer appointed must postpone the seizure, description and any search of the company's archives and documents, if the design or manufacturing contract includes a defence security classification.
The same applies if the design or manufacture is carried out in an armed forces establishment.
The president of the judicial court may, if so requested by the entitled party, order an expert appraisal which may only be carried out by persons approved by the minister responsible for defence and before his representatives.
The provisions of
Article L. 615-4shall not apply to patent applications exploited under the conditions defined in this Article for as long as such applications are subject to the prohibitions provided for in
Articles L. 612-9 and L. 612-10. Any such exploitation automatically incurs the liability of its authors as defined in this article.
