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ARTICLE · 19 FEBRUARY 2026

Pay-for-Delay Agreements In Türkiye: Between Patent Protection And Competition Law

Moroglu Arseven
Moroglu Arseven
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Moroglu Arseven

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The pharmaceutical industry is a strategically significant sector in which advanced, high-cost products are developed, substantial investments are made in research and development, patents, and licensing, and which plays a critical role both in protecting public health and in shaping the public economy.

TurkeyIntellectual Property
Ezgi Baklacı Gülkokar, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
Merve Altınay Öztekin
Merve Altınay Öztekin
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The pharmaceutical industry is a strategically significant sector in which advanced, high-cost products are developed, substantial investments are made in research and development, patents, and licensing, and which plays a critical role both in protecting public health and in shaping the public economy.

In Türkiye, pharmaceutical products for human use cannot be marketed unless they are authorized by the Ministry of Health ("MoH"). To grant pharmaceutical license and marketing authorization, MoH requires pharmaceutical companies to submit the results of their pharmaceuticals' safety and efficacy tests, along with other documents regarding the product.

In effect, pharmaceutical companies must invent and develop a pharmaceutical product through intensive and time-consuming research and development activities, then provide the results of the toxicological and pharmacological tests and clinical trials to MoH in order to commercially exploit their product. This is a

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