Drug Patents Legal Status Print E-mail

In Turkey, the patent law comprised the drugs by the 551 numbered decree law pertaining to the protection of patents rights which became effective at June 27th 1995.

As a result of TRIPS agreement Turkey accepted the patent application related to drugs starting form January 1st 1995. Because of this, the inventions in the drug field, which have priority dates January 1st 1994 or later, have right to register in Turkey whether directly or by PCT.

Furthermore, because the European Patent Contract became effective at November 1st 2000, starting form this date the granted European Patents those had designated Turkey are valid in Turkey if they are validated for Turkey.

The intellectual property rights which are provided to drugs in Turkey are given below:

  YES NO
Drug Patents * X  
Pipeline protection   X
Product patents for drugs * X  
Process patents for drugs * X  
Patent term (20 years) * X  
Bolar provision X  
Extension of patent period   X
Data exclusivity (6 years) ** X  
2nd indication - Swiss type claim * X  

* 551 numbered decree law pertaining to the protection of patents rights

** Regulation on the registration of medicinal products for human use, January 19th 2005 dated and 25705 numbered Official Journal

 
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