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Article 132 - Compulsory license arising from the public interest

Turkish Industrial Property Code (Law No. 6769)
Article 132

Compulsory license arising from the public interest


Article 132

(1) If use of the invention forming the subject of patent, increase of its use, dissemination of it in general, improvement of it for a beneficial use have a great importance by the reason of public health or national security issues or if non-use of the invention forming the subject of patent or its insufficient usage in terms of either quality or quantity shall cause serious damages in terms of the economic or technological development of the country, it shall be decided by Council of Ministers upon the proposal of the relevant ministry that;
a) A compulsory license for the public interest is given,
b) There is public interest if invention is made conditionally the subject of compulsory license in the event that effective use of invention to satisfy the public interest can be realized by the patent owner.
(2) In case that a patent application or use of the invention forming the subject of patent have a great importance in terms of public health or national security, the relevant ministry shall put forward a proposal by means of taking approval of the Ministry of National Defense or the Ministry of Health.
(3) The compulsory licenses granted by the reason of public benefit may be exclusive.


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