SHORT AND COMPACT VERSION OF WORKING REQUIREMENTS, HOW & WHEN
According to the Turkish Decree Law No. 551 pertaining to the protection of patent rights, the patentee is under obligation to use the invention under patent protection within the three-year period as from the date of publication of the grant in the official Turkish Patent Bulletin.
It is to be noted that, failure to comply with the working requirements within this period will however not lead to invalidity of the patent right. The patent will remain alive provided that the yearly annuities are paid.
The only possible consequence is the grant of a compulsory license which can be requested by a third party on the grounds of non-use of the patent.
However please be informed that the compulsory license is extremely rare in Turkey. Still, we recommend you to take the necessary steps in order to be on the safe side.
Please be advised that there are 4 possible actions for complying with the working requirements which are:
1.Recordal of the importation documents: Where the patented invention is used in Turkey through importation/sales, this option is to be choosen. For this option, the Turkish Patent Institute requires a copy of the Turkish customs declaration. This is an official customs document showing the entrance of the imported goods in Turkey and you must revert to your customer in Turkey and ask them to provide you with a copy of it for filing with the Turkish Patent Institute.
2. Recordal of Certificate of Use: The certificate of Use is filed with the TPI if the patented products are produced in Turkey by a Turkish firm via contractual license/distribution agreement. The certificate of use should be filled-in by the Turkish producing firm and is to be executed and sealed by the Turkish Chamber of Commerce and Industry upon examination of the production premises in Turkey. This process requires the contact of our local Turkish representative with the Turkish Manufacturer firm. The only document required from you for this option is a declaration of authorization showing that the Turkish firm is authorized to manufacture the patented goods in Turkey and no other documents.
3. Recordal of the declaration of non-use: This action can be taken for cases which are not used within the 3-years period due to objective legal, technical or economical reasons beyond your control. If for example the patented products still needs some time for technical development process, this fact can be declared to the Turkish Patent Institute as an objective reason. Another technical reason would be that there are no suitable infrastructure supporting the use of the patented invention in Turkey. The economical reasons can be regarded as insufficient demand on the patented invention due to high installation/maintenance expenses or any other global/local economical situations.
Pending CE approval or ongoing opposition procedure before European Patent Office or any other legal procedures the right owner shall complete can be regarded as legal reasons for the non-use of the patent.
For this option, we only need to be informed of the reasons for instructing the Turkish representative, no other documents are required.
4. Recordal of an offer for licensing: This action can be taken for patents which are not exported /manufactured in Turkey. Once a request for the recordal of an offer for licensing is filed, your willingness for granting a license in Turkey will be published in the Patent Bulletin so that 3rd parties are informed about this. The license based on offer for licensing is a contractual license where all the terms will be determined between you and the Turkish candidate. This can be an advantageous option for commercialization of the patented invention through a license agreement. No documents are required, your instructions will be sufficient.