Article 129
(1) Compulsory license may be given in the presence of at least one of the conditions specified below.
a) If the invention forming the subject of patent is not used according to provisions of Article 130.
b) If the dependence of patent issues mentioned in Article 131 comes into question,
c) If the public interest mentioned in Article 132 comes into question,
ç) In case that conditions specified in the protocol amending Agreement on Trade-
Related Aspects of Intellectual Property Rights to which our participation was deemed appropriate by Law dated 30/04/2013 numbered 6471 are provided, if exportation of pharmaceutical products comes into question due to public health issues in other countries.
d) If the breeder fails to develop a new plant variety without infringing on a previous patent,
e) If patentee carries out activities distorting, hindering or limiting the competition while patent is used.
(2) The compulsory license to be granted in the scope of (a), (b) and (ç) subparagraphs of first paragraph shall be requested from the court and (e) subparagraph of first paragraph shall be requested from the Competition Authority. Except emergency cases and (e) subparagraph of first paragraph in compulsory license demands made in accordance with (ç) subparagraph of first paragraph, evidence shall be added to request letter that individual or entity requesting compulsory license fails to receive the contractual license within a reasonable period of time although they demand it under reasonable commercial terms from the patentee. Court shall send a copy of the compulsory license request and a copy of attached documents to patentee without delay. Patentee shall be given required time one month from the date of the notification so that he can submit his comments with evidences.
(3) The court shall notify patent holder’s opinions, if any, to individual or entity requesting compulsory license and decide either the rejection of request or granting of compulsory license within one month. This time cannot be extended. If the patentee has not objected to the demand for compulsory license, the court decides for the compulsory license without delay.
(4) In the judgment given related to the compulsory license; the scope, fee and duration of the license, guarantee supplied by the licensee, start time for use and measures providing serious and effective use of patent shall be specified.
(5) When legal remedies are applied against the court decision, if the evidences submitted by patentee to stop the compulsory license application are found sufficient by court, then use of the invention shall be postponed until the finalization of the decision on the license.
(6) If the patentee cannot use the patent right without infringing on the right of breeder belonging to a previous plant variety, this situation may be subject to compulsory licensing. In this case, the provisions of Law numbered 5042 shall be applied.
(7) If a license is granted pursuant to subparagraph (d) of first paragraph, then patent owner may demand the giving of the license to himself to use the protected plant variety and if a license is granted pursuant to sixth paragraph, then holder of breeder right may demand mutually the giving of license to himself to use protected plant variety under reasonable terms.
(8) For licenses specified in subparagraph (d) of first paragraph and in the sixth paragraph, demandant may request the court to issue a compulsory license by means of proving that;
a) it applies to patentee or holder of breeder right belonging to a new plant variety to obtain a contractual license but cannot get any results,
b) compared to protected plant variety or invention protected by the patent, next invention or plant variety show a significant technical advance that largely provides economic benefits.
(9) Without prejudice to the provisions of subparagraph (ç) of first paragraph, compulsory license shall mainly be granted to supply the domestic market.