COMPULSORY LICENSE IN CASE OF DEPENDENCY OF PATENT ISSUES

The subject of this paper is compulsory licensing in case of dependency of patent issues. Compulsory licencing is a prerogative granted by a competent authority to a third party to use an invention without the assent of patent holder. In this paper, firstly, legal and theoretical bases of compulsory license and abrogated and positive legislation related to compulsory license are examined. Under the Turkish patent system, compulsory licences for the dependent patents are governed by the specific provision of the Article 131 of Turkish Industrial Property Code. To grant a compulsory licence in case of dependency of patent issues depends on that the second invention involve an important technical advance of considerable economic significance. Eventually, the process of granting a compulsory license in case of dependency of patent issues is examined. In this context, in the last part of the study, compulsory license request, competent court and principles of compulsory license decision are analyzed.