Hurdles To Effective Pharmaceutical Patent Protection In Turkey

The fact that the Patent Law and the Patent disputes' history are quite young in Turkey, brings the difficulties in practice.

Although the Decree Law pertaining to the Protection of the Patent Rights, which is in force today, was prepared in the light of the international commitments and European Union legislation, turning a deaf ear to the developments in the international patent practice cause insufficient protection of patent rights in Turkey.

We believe that the main problematic issues in the protection and enforcement of the patent rights are the insufficient expertise and the rules of liability of the court expert panels, to which a patent case is referred, access to the counterparty's evidence in ongoing patent actions and finally the discrepancies between the Turkish Patent Decree Law and the European Patent Convention (EPC).