Turkey: Patent use and compulsory licences

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Turkey: Patent use and compulsory licences

New IP law abolished the provisions concerning the use requirement of patents and evidence on use detailed in the Decree Law on the Protection of Patent Rights. Instead, IP law now mentions the use requirement within the provision on compulsory licences, as a consequence of non-use of a patent.

Accordingly, a patent owner must use the patented invention. When assessing the use, market conditions and conditions under the control of the patent owner, as well as outside their control, are considered. At the end of three years after publication of a patent grant in the Bulletin or at the end of four years after the patent application date, whichever expires later, any interested party can request the issue of a compulsory licence. They can make this request on the grounds that at the date of demand for a compulsory licence the patented invention is not being used, no serious and real measures have been taken to make use of the patented invention or the level of current use does not satisfy domestic demand. The same applies to an uninterrupted cease of use of a patent for more than three years without justified reason.

The only provision in Turkish law that provides rules about the results of not filing evidence on use of a patent is in the Regulation on the Implementation of IP Law, which states that:

"the declaration relaying whether the patent is used or not used is submitted to the Institute within a certain period and then published in the Bulletin. The patents for which no notification of use have been given within this period shall be published in the Bulletin."

The mentioned publication is a kind of announcement to third parties that the patent is not used (without a justified reason) and therefore a licence over the patent may be requested from the patent owner.

This publication can give rise to a compulsory licence demand. In the case of a compulsory licence demand, a fixed legal procedure must be followed, and the evidence filed before the Turkish Patent Office (TPO) before this procedure starts can only be an indication of use of the patent. The evidence of use filed before the TPO does not automatically prevent the third party from demanding a compulsory licence. However, the patent holder may refer to this document/evidence while claiming that it does use the patent or there is a legitimate reason for non-use of the patent.

The lack of such a document or evidence does not ease, quicken or remove the fixed legal procedure to be followed by the third party demanding the compulsory licence. The third party has to apply to the court for a compulsory licence and must prove that it has tried hard to obtain from the patent owner a contractual licence on reasonable commercial terms and within a reasonable period of time.

These IP law provisions show that filing evidence on use of a patent or filing a statement before the TPO explaining the legitimate reason for not using the patent is optional. However, we believe that such a filing may have a role in discouraging a third party from demanding a compulsory licence by alleging non-use of the patent without a legitimate reason.

Selin Sinem Erciyas

Gün + Partners

Kore Şehitleri Cad. 17

Zincirlikuyu 34394

İstanbul, Turkey

Tel: + (90) (212) 354 00 00

Fax: + (90) (212) 274 20 95

gun@gun.av.tr

gun.av.tr

more from across site and SHARED ros bottom lb

More from across our site

Sources explain why return-to-office mandates could hamper efficiency at the USPTO
The Unified Patent Court surpassing 700 cases and a row between Apple and PanOptis were among the top talking points this week
Partners at four firms explain how they help clients join in the hype around the big game without attracting the NFL’s wrath
We discuss how law firms are using AI, whether remote working has resulted in cost-savings, and what corporate counsel want from their advisers when it comes to DEI
Matthew Yeates, managing director at Integrated IP, discusses its acquisition of Clark IP and reveals further expansion plans
Paul Lee discusses moving from venture capital to IP, why lawyers are becoming more receptive to tech, and why he starts his day with a cold plunge
Barbara Lawton, a counsellor and mental health trainer at wellbeing charity Jonathan’s Voice, outlines tips for engaging with vulnerable people
New partner Amir Ghavi, who will help launch the group, says he expects more lateral hires in the coming weeks
Counsel at three firms reveal the tools they’re using to generate patent invalidity claim charts and why they’re making investments in the technology
Eric Lee says the firm’s thought leadership on artificial intelligence convinced him to move
Gift this article