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Pharmaceutical IP and competition law in Turkey: overview

PATENTS

What are the legal conditions to obtain a patent and which legislation applies? Which products, substances and processes can be protected by patents and what types cannot be patent protected?

Conditions and legislation

Decree Law No. 551 on the Protection of Patent Rights (Patent Decree Law) is the primary legislation regulating patents. To be granted a patent, an invention must (Article 5, Patent Decree Law):

  • Be new.
  • Exceed the level of current technical knowledge in that area (state of the art).
  • Be applicable to industry.

Turkey is a party to the following international agreements regarding patents;

  • Paris Convention for the Protection of Industrial Property (including London text and Stockholm text).
  • European Patent Convention.
  • Patent Cooperation Treaty.
  • Patent Decree Law Treaty.

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This article was first published in the Life Sciences Global Guide 2016/17                                                   
and is reproduced with the permission of the publisher, Thomson Reuters.