Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Patent protection of pharmaceuticals had been excluded from the patent protection by the Transitional Provision 4 of the Decree Law Nº 551 related to the patent protection of pharmaceutical processes and products, until 1 January 2000 for processes and 1 January 2005 for products. Although this provision was compatible with subparagraphs 1, 2 and 4 of Article 65 of the TRIPS Agreement, it has been amended by a new Decree Law Nº 566 on 22 September 1995. The date of the patent protection of both pharmaceutical processes and products has been changed as of 1 January 1999 with this amendment. The above-mentioned amendment means that all the patent applications related to the processes and products of the pharmaceuticals are being filed by the Turkish Patent Institute since 1 January 1995. According to Article 70.8 of the TRIPS Agreement, the total number of patent applications received by the Turkish Patent Institute between 1 January 1995 and 8 January 1999 is 1128. Since 1 January 1999, the Turkish Patent Institute has started to grant patent certificates to 238 of these patent applications of which the necessary examination processes are finalized.