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Turkey

Decree-Law No. 551 of June 24, 1995 on the Protection of Patent Rights (as last amended by Decree-Law No. 566 of September 22, 1995, and Law No. 4128 of November 7, 1995)

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Turkey

Year of current version:1995
Date of last amendment:November 7, 1995
Date of entry into force of original text:June 27, 1995
Date of Text (Issued):June 24, 1995
Type of Text:IP Laws: issued by the Executive
Subject Matter:Enforcement of IP and Related Laws, IP Regulatory Body, Patents (Inventions), Utility Models
Notes:
The notification by Turkey to the WTO under article 63.2 of TRIPS states:
'The Law contains 14 parts covering preliminary provisions, employees' invention, grant of patents, rights conferred by a patent, legal transactions, compulsory license, patents of addition and secret patents, patent invalidation, termination and infringement of patent rights, utility model certificates, payment of fees and final provisions.


The notification by Turkey to the WTO under article 63.2 of TRIPS states:

“The Law contains specific provisions that are in line with the TRIPS Agreement:
- Patentable subject matters are explained in Articles 5 and 6 in line with Article 27 of the TRIPS Agreement;
- Part Four, Section One explains the conditions on patent applications in line with Article 29;
- Article 46 in line with first paragraph of Article 29;
- The term of a patent granted with examination shall be a non-extendible period of 20 years from the date of filing the application mentioned in Article 72 in line with Article 33
- Scope of right conferred by a patent is explained in Articles 73 and 76 in line with Article 28 paragraph 1(a);
- Articles 75 and 76 in line with Article 30;
- Article 73 of Decree-Law No. 551 in line with second sentence of paragraph 1 of Article 27;
- Article 80 in line with paragraph 2 of Article 27;
-Article 83, paragraph 3 of Part V, which provides protection of undisclosed test data and other information for pharmaceutical or veterinary products/drugs and for chemicals destined to agriculture, is in line with Article 39.
- Article 84 related with the rights pertaining to process patents in line with Article 28 paragraph 1(b) and Article 34;
- Article 86 provides that the application for patents or a patent may be transferred into some other party may be inherited or the right to use same may be subject to license in line with Article 28 paragraph 2;
- Article 93 in line with Article 31(k);
- Article 99 in line with Article 31(a);
-Part VII which deals with the compulsory license is in line with Article 40 of the TRIPS Agreement.
- Article 99(b) and Article 101 in line with Article 31(l);
- The first paragraph of Article 101 in line with Article 31(l)i;
- The second paragraph of Article 101 in line with Article 31(l)ii;
-Article 102 in line with Article 31(f);
- The last paragraph of Article 103 is in line with second sentence of Article 31(b);
- The last paragraph of Article 103 in line with third sentence of Article 31(b);
- The last paragraph of Article 103 in line with fourth sentence of Article 31(b);
- The first paragraph of Articles 104 and 108 in line with first sentence of Article 31(b);
- Article 108 in line with Article 31(j);
- The second paragraph of Article 110 in line with Article 31(c);
- The first paragraph of Article 114 in line with Article 31(d);
- The first paragraph of Article 117 in line with Article 31(e);
- The third and fourth paragraphs of Article 110 and the second paragraph of Article 118 in line with Article 31(g);
- The last paragraph of Article 114 and the third paragraph of Article 110 in line with Article 31(h);
- Articles 110 and 118 in line with Article 31(i);
- The first paragraph of Article 117 in line with Article 31(l)iii;
- Part Nine, Section One in line with Article 32”
-The Transitional Article 4 of Part 'Transitional Provisions' , which provides for the patent protection of pharmaceutical and veterinary products and of processes for the production thereof under the Decree-Law, is in line with Article 65.4 of the TRIPS Agreement.'

This consolidated version of the Decree-Law No. 511 includes the amendments to Article 73 of Part V, Article 174 of Part IV and Transitional Article 4 of Part 'Transitional Provisions.
Available Texts: 
English

Decree-Law No. 551 of June 24, 1995 on the Protection of Patent Rights (as last amended by Decree-Law No. 566 of September 22, 1995, and Law No. 4128 of November 7, 1995) Decree-Law No. 551 of June 24, 1995 on the Protection of Patent Rights (as last amended by Decree-Law No. 566 of September 22, 1995,  and Law No. 4128 of November 7, 1995), Complete document (pdf) [258 KB] Decree-Law No. 551 of June 24, 1995 on the Protection of Patent Rights (as last amended by Decree-Law No. 566 of September 22, 1995,  and Law No. 4128 of November 7, 1995), Complete document (htm) [221 KB] (Version with Automatic Translation Tool)

French

Décret-loi n° 551 du 24 juin 1995 sur la protection des droits de brevet (modifié en dernier lieu par le décret-loi n° 566 du 22 septembre 1995, et la loi n° 4128 du 7 novembre 1995) Décret-loi n° 551 du 24 juin 1995 sur la protection des droits de brevet (modifié en dernier lieu par le décret-loi n° 566 du 22 septembre 1995, et la loi n° 4128 du 7 novembre 1995), Complete document (pdf) [906 KB]

Related Legislation:
WIPO Lex No.:TR017

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