Additional Price Difference in Public Tenders and Assignment of Tender Agreements
A provisional article was added to the Public Procurement Agreements Law (the “Law”) on 19.01.2022 in order to provide an additional price difference upon the request of the contractors and to enable the contractors to assign their tender agreements with the approval of the relevant tender authority for certain procurements of goods/services and construction works. The purpose of this additional provision was to eliminate the negative implications of disruptions on supply… »
Declaration on Use of Patent and Compulsory License
The new IP Codenumbered 6769 abolished the provisions on “the use requirement of patents” and “the evidence of use” of the Decree-Law About the Protection of Patent Rights. The IP Code now focuses on the requirements of use for patents within the provision of a Compulsory License. Accordingly, a patent owner must use the patented invention within three years following the publication of its granted decision in the Official Bulletin (‘the Bulletin’) or within four years from… »
Determination of Royalty in Case of Compulsory License
The institution of “compulsory licensing”, which is regulated firstly in Article 99 of the repealed Decree-Law No. 551 and then, under Article 129 et seq. of the Industrial Property Law (“the IP Code”) in force, as a reflection of TRIPS Article 31, has not been needed to be implemented for long years in our country [Turkey]. However, with the outbreak of the COVID-19 pandemic, it has suddenly gained popularity since it is regarded as a “convenient” tool for abrogating patent… »
Supply of Pharmaceutical Products from Abroad and Patent Rights
The supply of pharmaceutical products to Turkey via the Named Patient Programme (the “NPP”) is one of the exceptional importation regimes for pharmaceutical products. Where a pharmaceutical product is not granted marketing authorisation in Turkey, or it is granted marketing authorisation but not found in the market, but patients need it, it can be supplied via this special route by physician request. The entities that are authorised to import pharmaceuticals within the scope… »
Preliminary Injunction Granted to Prevent Indirect Use of Invention
One of the most striking developments of 2020 is a preliminary injunction decision given due to implementing the provision “Prevention of the Indirect Use of Invention” regulated in Article 86 of the IP Code. Although the expression “Indirect Use of Invention” is often confused with the “Indirect Infringement of Patents” concept, indirect patent infringement is not explicitly regulated in our law. Because as is known, the Turkish IP Code numbered 6769 (“IP Code”) lists the… »
Are Clinical Trials Excluded From Patent Protection in Turkey?
The Turkish IP Law (6769) rules on acts that constitute patent infringement and acts that are excluded from patent protection. However, when it comes to evaluating whether clinical trials in Turkey should be excluded from patent rights, it is important to take the experimental use exemption under Article 85/3(b) and the Bolar exemption under Article 85/3(c) into consideration. Unfortunately, this is easier said than done. No case law in Turkey clarifies which acts are… »