İlaçta Zorunlu Patent Lisansı (Compulsory patent licensing for pharmaceuticals)

Bak, B. ORCID: https://orcid.org/0000-0003-2388-4796 (2011) İlaçta Zorunlu Patent Lisansı (Compulsory patent licensing for pharmaceuticals). Ankara Barosu Dergisi/Journal of Ankara Bar Association, 69 (3). pp. 106-126. ISSN 1300-9885 doi: https://dergipark.org.tr/en/pub/abd/issue/33792/374227

Abstract/Summary

Pharmaceuticals are granted patent protection, aligned with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In addition, they may be subject to compulsory licensing under the provisions outlined in Turkey’s Decree-Law No. 551 on the Protection of Patent Rights. However, international frameworks, such as the Doha Declaration and the WTO Decision dated August 2003, introduce provisions beyond those in Decree-Law No. 551, particularly to address public health needs in developing countries facing difficulties accessing essential medicines. As a TRIPS contracting party, Turkey is obligated to align its regulations with universal principles and humanitarian considerations emphasised in the Doha Declaration and the WTO Decision. Consequently, Turkey must establish a more comprehensive legal framework that aligns with these international standards. This paper proposes such a framework designed to drive immediate policy change.