US embassy cable - 05ANKARA3027

UNCLAS ANKARA 003027 
 
SIPDIS 
 
DEPT FOR EB/TPP/MTA/IPE - SWILSON/JURBAN AND EUR/SE DEPT 
PASS USTR FOR JCHOE-GROVES 
DEPT PASS LIBRARY OF CONGRESS FOR STEPP 
DEPT PASS USPTO FOR JURBAN AND EWU 
USDOC FOR ITA/MAC/DDEFALCO AND JBOGER 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ETRD, KIPR, USTR, TU 
SUBJECT:  Upcoming Revisions to Industrial Property 
Legislation 
 
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. 
 
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