Region: Turkey

Bolar-like hurdle for generics

The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies.

10 August 2022

A fairer way to determine royalties in Turkish compulsory licensing

If compulsory licensing is used in Turkey, it is imperative that the individual requirements of each case are considered. This is especially important when it comes to facilitating access to medical treatments for covid-19.

30 March 2022

Istanbul IP Court reaches landmark decision on precautionary injunction

The IP Court’s most recent ruling emphasises the importance of granting a precautionary injunction before the release of a Gx product, to prevent incurable price cuts against pharmaceutical patents.

26 January 2022

Turkish court issues preliminary injunction to prevent infringement of pharmaceutical products

Currently, the Turkish Medicines and Medical Devices Agency does not investigate whether drugs supplied from abroad infringe patent rights. However, a recent case provides useful guidance for the steps to be taken, where such infringement occurs.

19 January 2022

Vaccine patent rights - a scapegoat for inequality?

The unequal dissemination of covid-19 vaccines remains controversial, yet while a proposed IP rights waiver might enhance global access to affordable vaccines, it remains unlikely that it would provide a solution to the unequal rollout.

12 January 2022

District court sets valuable precedent on preliminary injunction requests

A district court has gone against the growing practice of rejecting preliminary injunction requests in patent disputes. While the reasoning is that injunctions require a full trial yet, courts have taken to rejecting requests for them without setting a trial date or carrying out any of the relevant examination and evaluation.

03 November 2021

Warning letters may be more trouble than they are worth: a cautionary tale

While sending a warning letter to perceived infringers is not a pre-condition to enforcing patent rights under Turkish law, it can be a cost-effective and swift way to resolve disputes. However, brand owners should be aware of the potential negative consequences before putting pen to paper.

13 October 2021

Should a lawyer follow the judge’s misdirection?

Judges and lawyers should always act in accordance with the rule of law, as highlighted in a recent preliminary injunction decision involving a disputed patent, where a judge made a momentary mistake and provided incorrect guidance.

22 September 2021

Are clinical trials excluded from patent protection in Turkey?

Under Turkish case law, clinical trials come under the scope of experimental use of an invention. However, there is a lack of clarity over whether this means that clinical trials of patentable products can be protected by patents.

12 May 2021

IP court issues preliminary injunction against drug in Turkey’s named patient programme

The IP court has granted a preliminary injunction to remove a pharmaceutical product from the Foreign Drug List of the Turkish Medicines and Medical Devices Agency. The drug was found to contain an active ingredient that was covered by a company’s patent. This case highlights the fact that the Bolar exemption does not apply to drugs that are part of Turkey’s named patient programme.

14 April 2021

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