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Cablegate: Upcoming Revisions to Industrial Property

This record is a partial extract of the original cable. The full text of the original cable is not available.





E.O. 12958: N/A
SUBJECT: Upcoming Revisions to Industrial Property

REF: Sirotic/Urban Email 5/27/05

1. (SBU) Summary: Two bills amending Turkish patent
legislation are under consideration. One of these,
which is not supported by the GOT, threatens to gut
enforcement provisions for most foreign patent holders.
The Ankara-based attorney who alerted us to this
legislation remains concerned that generic
pharmaceutical companies will continue to lobby for
weaker patent protection in Turkey using other
legislative vehicles. End Summary.

2. (U) Meeting with Econoff and Econ Specialist on May
25, Hulya Cayli, the President of Paragon Consultancy
and Trade, Inc., outlined several separate bills which
would amend the legal regime for industrial property.
The GOT is soliciting comment from interested public and
private parties on amendments to existing legislation on
patents, trademarks, industrial designs and geographical
indications. Cayli, as well as sources at the Turkish
Patent Institute, said that the rationale for the
amendments is 1) "legalization" of existing legislation,
which was adopted by GOT decree and not approved by
Parliament; and 2) harmonization with European patent
legislation and the requirements of the patent
cooperation treaty.

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3. (SBU) Cayli, who works closely with the Association
of Research-Based Pharmaceuticals Companies (AIFD),
opined that, in its current form, the GOT's patent bill
(ref email) did not contain major shortcomings for
rightholders, and even contained useful provisions, such
as protection for biotechnological inventions. However,
she said the Bolar exception in the current draft was
very unclear and could be unfairly exploited by generic
drug manufacturers. Cayli also predicted that these
companies would lobby for a weaker patent law during the
legislative process.

4. (SBU) Cayli was much more concerned about another
bill submitted by an MP from the ruling Ak party which
would abolish penalties for infringing industrial
property rights if the rightholder did not produce the
good in question in Turkey. While this would be
particularly absurd in the case of protection for
geographical indications from outside Turkey, the bill
would gut protection for foreign companies and persons
across the board, and, if passed by Parliament, would
represent a radical violation of Turkey's international
trade and intellectual property obligations. She opined
that the bill's sponsor was motivated by economic
nationalism and the desire to force foreign companies to
invest in production in Turkey. Cayli reported that the
bill is currently in the Justice Commission of
Parliament, and may be considered in conjunction with
amendments to the Turkish criminal code. Note: The
Justice Ministry and the Turkish Patent Institute do
not/not support this bill. End Note.

5. (U) Post is attempting to obtain an English-language
translation of the latter bill and will forward a copy
to EB. Edelman

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