Article 88
(1) When a patent is granted for an invention regarding subjects included in field of activity of state economic enterprises the complete capital of which belongs to the State; and which are established to be producing and commercializing monopolistic goods and services observing public interest; and have monopoly rights in the goods and services they provide due to the public services they perform, allowing the monopoly right holder to use the invention shall be dependent on the patentee’s permission.
The monopoly right holder shall be obligated to use the inventions which can provide considerable economic benefits and a significant technical progress in the industrial area which they deal with by obtaining the right to use.
(2) The monopoly right holder, in order to obtain the right to use the invention subject to a patent, has a right to claim from the patentee to permit. The patentee can ask the monopoly right holder to take over the patent. The price which should be paid in exchange for using the invention subject to a patent or in case of the monopoly right holder taking over the patent shall be determined by the parties. The subject price shall be determined by the court in case the parties fail in coming to an agreement.
(3) On condition that the provisions of paragraph 2 are reserved, if the monopoly is established after the patent is granted, the patentee has a right to claim from the monopoly right holder to also take over the business or the facility in which the invention is being used. The subject price shall be determined by the court in case the parties fail in coming to an agreement.
(4) If the invention subject to a patent is not available to be used due to an existing legal monopoly, the annual fee for the subject patent shall not be paid.