US embassy cable - 04ANKARA2506

UNCLAS ANKARA 002506 
 
SIPDIS 
 
 
DEPT FOR EB/TPP/MTA/IPC - SWILSON/JURBAN AND EUR/SE 
DEPT PASS USTR FOR LERRION/BPECK 
DEPT PASS LIBRARY OF CONGRESS 
DEPT PASS USPTO FOR ELAINE WU 
USDOC FOR ITA/MAC/DDEFALCO 
 
 
SENSITIVE 
 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, TU 
SUBJECT: Special 301 Demarche Delivered; New Legislation 
Could Weaken Patent Protection 
 
 
Ref:  State 97380 
 
 
SENSITIVE BUT UNCLASSIFIED.  PLEASE HANDLE ACCORDINGLY. 
 
 
1. (SBU) Embassy informed MFA and Foreign Trade 
officials of reftel decision to elevate Turkey to the 
Special 301 Priority Watch List on May 3.  DCM made 
reftel points on the decision in a conversation with MFA 
Deputy Undersecretary for Economic Affairs Kilic, but 
Kilic had no immediate response other than to ask for 
the Special 301 status of the European Union.  Econ 
Counselor told Foreign Trade U/S Kayalar that 
pharmaceuticals issues, particularly lack of data 
exclusivity protection, weighed heavily in the U.S. 
decision.  Kayalar agreed that this is an important 
issue, and said that the GOT is still considering this 
policy.  He noted that data exclusivity is on the agenda 
of the EU Customs Union Joint Commission meeting 
scheduled for later in the week.  The Health Ministry 
also intended to call a meeting of research-based and 
generic companies to try to find common ground on this 
issue.  Kayalar said he would work to reduce the length 
of the transition period for implementation of data 
exclusivity (originally proposed for end-2007).  With 
respect to copyright and trademark enforcement, Kayalar 
noted that strengthening judicial capacity was an 
important element of upholding intellectual property 
rights, but that this would have to be a long-term 
effort. 
 
 
2. (U) On May 4, Fahreddin Tatar, of Pfizer's Ankara 
office, contacted Econoff to raise research-based 
industry's concerns with draft legislation which could 
seriously weaken patent protection.  The bill, which has 
been approved by Parliamentary committees and could go 
to a vote this week, would hinder Turkish courts from 
taking decisions on patent violations until after actual 
patent issuance.  Given the fact that the patent 
application process takes several years in Turkey, 
rightholders could face a long period of legal 
vulnerability to infringement.  Industry also claims the 
legislation would also define registration of generic 
drugs as not being in violation of patent rights. 
Embassy faxed a copy of the draft legislation to 
EB/TPP/MTA/IPC. 
Edelman