Limits of the Scope of Rights Conferred by a Patent in Turkey
Innovations and inventions in the field of industry are the main factors of economical growth and productivity. “Invention” concept forms the basis of the patent law. Not to limit this concept, it has not been described efficiently in the Patent Decree Law No.551 in Turkey.
Owner of the patent has the right to prevent those listed in the Article 73/II of Patent Decree Law acted by third parties without permission. However, limitation of the scope of patent rights is mandatory.
The reason is that the non-commercial and individual acts that benefit, drug supply, and some of the approaches related to the cross-border transport is having superior to patent rights. In fact, 75th Article of Patent Decree Law has the same approach. Accordingly, the following acts shall remain outside the scope of rights conferred by a patent :
a/ Acts devoid of any industrial or commercial purpose and limited to private ends/aims;
b/ Acts involving, for experimental purposes, the invention, subject matter of a patent;
c/ Extemporaneous preparations of medicines in pharmacies involving no mass production and carried out solely in making up a prescription and acts related to the medicines thus prepared;
d/ Use of patented invention in the manufacture or operation of ships or spaceships or airplanes or land transportation vehicles of countries signatory of the Paris Convention or for satisfying the needs of these, provided that said vehicles happen to be, temporarily or accidentally, within the boundaries of the Republic of Turkey;
e/ Where acts provided under Article 27 of the International Convention for Civil Aviation dated December 7, 1944 are related to an aircraft of a State, the provisions of this present Article shall apply likewise to said aircrafts.
One of the reasons specified above that requires to be focused on is that the trial verbs including the present invention which is subject to the patent. (Patent Decree Law Art. 75) Main reason for this is to encourage the development of innovative and generic drugs.
Undoubtedly, the issue should be evaluated in terms of European patents as well. In accordance with the provisions of the related Article for granting European patents with the European Patent Convention, a granted European patent in one of the Member countries gives same rights of a national patent to the patent owner in that country and vice versa.
Thus, the regulation of the relevant domestic law is applied to the European patents. All efforts are for the clear determination of possible infringements in patent cases, especially for the acts where permission from the owner is not required.
Sibel Gumus (Mrs.)
Mechanical Engineer | Turkish Patent & Trademark Attorney | Court Appointed Legal Expert