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Obligation to Use and Compulsory License for Patents

Obligation to Use and Compulsory License for Patents

Industrial Property Law No. 6769 (“SMK”), unlike the abrogated Decree on the Protection of Patent Rights, has a compulsory license provision; In this context, it focuses on the necessity of using patents in the context of the law. annual or four-year period from the date of the patent application, whichever is later; If it expires, it makes the use of the patent obligatory before the expiry of that period. The concept of using a patent includes market conditions, national regulations and practices regarding licenses and standards, the need for new practices, etc. are evaluated by observing the conditions independent of the patent owner. In accordance with the Regulation on the Implementation of the SMK, the statement regarding the use of a patent must be submitted to the Turkish Patent, subject to the same legal terms required for the enforcement of the use. Patents that have not been declared to have been used during this period are published in the Patent Bulletin and third; becomes open to the requests of individuals to grant compulsory licenses. Likewise, the use of patents without a reasonable reason is charged. In case of a break for more than a year, the third Individuals have the right to demand a compulsory license.

However, the publication of the patent in the bulletin does not directly bring any negative situation or benefit. Even if a patent is not on the list of unused patents, Individuals may request a compulsory license based on the fact that the patent is not used, or that reasonable and serious measures are not taken for its use, or that the existing use is not at a level to meet the national market needs. On the other hand, the fact that the patent is only on the list should not be interpreted as the subject of compulsory license.

Üç individuals have to apply to the court to demand that a compulsory license be granted to them for a patent. While any statement of use submitted before the Turkish patent will not be conclusive evidence and will only be accepted as an indication of the use of the relevant patent, the fact that such a statement has not been made does not constitute an obstacle to a use that will be proven before the court. it won't.