<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/France_map.png" alt="France" class="page-header-sidebar-image"> France has provisions in its legislation relating to the granting of compulsory licences. These can be found in the French Intellectual Property Code (hereinafter IPC), notably Arts. L.613-11 to L.613-19 and Art. L.623-22-1 et seq. In general, all compulsory licences are granted on a nonexclusive basis (Art. L. 613-3 IPC) on the following grounds. (i) Compulsory licence due to the lack of exploitation of the patent by its holder: the licence will be granted if the patentee has not been exploiting or seriously preparing the exploitation of the patent, or has not been commercialising its patent enough in the European Union for three years following the grant of the patent, or four years following the publication of the application. Any party that can prove both its ability to exploit the invention and the impossibility to obtain a negotiated licence from the patent owner may ask for a licence (Art. L. 613-12 IPC). (ii) Compulsory licences in respect of dependent patents cover cases where a person owns a patent that cannot be exploited without infringing a prior patent. If the authorisation of the prior patent owner is impossible to obtain amicably, the judge may grant the licence if the invention would bring significant technical progress and is of great economic interest. The party requesting the licence must prove both its ability to exploit the invention in a serious and effective manner and the impossibility of obtaining a negotiated licence from the patent owner. The owner of the prior patent is automatically granted a licence back on the dependent patent of its licensee. (iii) Compulsory licence in the interest of public health (Art. L. 613-16 IPC): this kind of licence may be imposed when (i) the conditions under which the patent is exploited are contrary to the interest of public health or (ii) the quality or the quantity of the products based on the patent made available to the public are not sufficient or too expensive or (iii) in the case of anticompetitive behaviour recorded in a final court or administrative decision.  (iv) Compulsory licence in the interest of the national economy (Art. L.613-18 and R.613-26 IPC): when the patent owner does not exploit (or not sufficiently exploit) the patent, the Ministry in charge of industrial property may order the patent owner to exploit the patent in order to “satisfy the needs of the national economy”. If, after one year, the patent owner has not done so, and if the situation is highly prejudicial to public interest and economic development, an order is issued to allow compulsory licences on the patent. (v) In the interest of the national defence (Art. L. 613-19 IPC): the French State may ask for a compulsory licence on a patent at any time in the interest of national defence, without providing further justification. (vi) Licences on veterinary drugs (Art. L. 5141-3 of the Public Health Code): this kind of licence may be imposed when the farming economy requires it. More information can be found [here](https://e-courses.epo.org/wbts_int/CompulsoryLicensing/CL_FR.pdf). ## Generic manufacturers France has its own generic manufacturer: [Gemme Biosimilaires](http://www.medicamentsgeneriques.info/).