The role of the sole agent of state-owned bodies (e.g.
public universities, public hospitals,...) in situations of
co-ownership of property resulting from research and development
(R&D) has been extended in France. Law No. 2019-486 on growth
and transformation of enterprises, i.e. "PACTE" Act, was
adopted through its Decree No. 2020-14, on 13 January
2020
The Decree, applicable as from 16 January 2020, replaces prior
legal framework and eases the exploitation by private organizations
of such property developed by or co-developed with state-owned
bodies.
When an invention is developed by a State agent, the relevant
governing state body is in charge of the monetization of the
invention in the private sector. The number of state-owned entities
(e.g. several universities) involved in the development of such
invention often complicates monetization.
