US embassy cable - 05ANKARA1329

UNCLAS ANKARA 001329 
 
SIPDIS 
 
DEPT FOR EB/TPP/IPE, EUR/SE 
USTR FOR LERRION/JGROVES 
USEU FOR CWILSON 
USPTO FOR ELAINE WU 
USDOC FOR ITA/MAC/DDEFALCO 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, TU 
SUBJECT:  Turkish Patent Institute on Pharmaceuticals 
IPR Issues 
 
Ref: (A) Ankara 839 (B) State 19340 
 
(C) Finston/Sirotic Email 3/04/05 
 
1. (SBU) Summary:  The President of the Turkish Patent 
Institute supports the idea of patent linkage and will 
work on a system to ensure that the Health Ministry was 
informed of valid patents for pharmaceuticals.  He 
defended Turkey's new data exclusivity regulation and 
stated that there is no prospect of providing pipeline 
protection.  End Summary. 
 
2. (SBU) In a March 8 meeting, Econoff raised a range of 
intellectual property concerns, including patent 
linkage, the January 2005 data exclusivity regulation, 
and pipeline protection, with Yusuf Balci, President of 
the Turkish Patent Institute (TPI).  Econoff related 
that the Health Ministry had told us a system was in 
place to ensure that the Ministry was informed of valid 
patents prior to approving applications for marketing 
generic drugs (ref A).  Balci responded that TPI 
recently sent the Ministry a list of valid 
pharmaceuticals patents, but acknowledged that there is 
no established mechanism for updating this list.  During 
the meeting, Balci consulted with TPI staff on various 
ways of doing this.  He said he would follow up to 
implement such a mechanism. 
 
3. (SBU) Econoff delivered ref (B) points on 
deficiencies in Turkey's new data exclusivity 
regulation.  Balci, who appeared to be unfamiliar with 
some of the details of the regulation, said that the new 
policy represented a compromise between the demands of 
research-based and generic producers.  However, he said 
that future changes in the policy should not be ruled 
out. 
 
4. (SBU) Econoff also informed Balci that the USG was 
assessing U.S. industry submissions on intellectual 
property protection in the context of the Special 301 
review.  Econoff highlighted PhRMA's assertion that 
members' intellectual property-related losses amount to 
nearly USD 900 million annually, mostly due to lack of 
pipeline protection (ref C).  Econoff stated that the 
USG supported TRIPS-plus IPR protection, including 
pipeline, and asked Balci for his views on this.  Balci 
replied that Turkey would not implement pipeline 
protection because of legal prohibitions on retroactive 
application and because it was not required by the TRIPS 
Agreement. 
 
5. (SBU) Noting that the U.S. and Turkey took opposing 
sides on other IPR issues, including traditional 
knowledge and geographical indications, Balci urged the 
USG to factor in other views, particularly from the 
developing world, on these matters.  Econoff responded 
that the USG IPR policy has been responsive to 
developing country concerns, highlighting particularly 
U.S. leadership on the issue of TRIPS and public health 
emergencies.  Edelman