Unfair Approach Of Turkish IP Courts While Assessing "Bolar Exemption"

The article 85(3) (c) of the Industrial Property Law, which excludes the marketing authorization application from the scope of the patent right, is interpreted by the IP courts against the patent holder in a disproportionate way. The exemption here is the procedures that generic companies required to perform before the Ministry of Health in order to obtain a marketing authorization. Thus, for example, it enables the generic pharmaceutical company that applied for marketing authorization 7-8 months before the expiration of the patent protection period, to continue its procedures before the Ministry of Health and to launch their generic product to the market as soon as the patent expires.