ABSTRACT

In this study, drug protection methods in the context of globalization and rational drug use were examined within the scope of patent protection and data protection. Inventions are protected by patents and utility models. Turkey is a signatory to several international agreements for the protection of industrial property rights including patents, utility models, trademarks, geographical signs and designs has been carried out effectively. In accordance with the Trade-Related Intellectual Property Rights (TRIPs) Agreement annexed to the World Trade Organization Agreement which includes provisions on the need to protect intellectual and industrial property rights in all member states in a standard manner, Turkey was obliged to accept patent applications related drugs since 1 January 1995.In accordancewith the 6 March 1995 and 1/95 of the Turkey-European Union AssociationCouncil Decision and the 23 June 1995 and 566 numbered Decreeof both procedure and product patent protection in Turkey has been under provisions will begin from 1 January 1999. The data protection obligation that originates from TRIPs, which is a protection method different from patent protection, entered our legislation in 1995.In this context, the confidentiality of the information provided for licensing is secured. Turkey, on 1 January 2005 the reference drug producing innovator firms which will provide relief in the market for a 6-year data exclusivity application was enacted. In order to avoid possible negative effects on the cost of treatment of patent and data protection which is the application appears to be a necessary for Turkey patented drugs parallel imports and production under compulsory licensing should be encouraged as well as rational drug use which supports the use of generic drugs. Drug policies that promote generic drug production need to be implemented and the pharmaceutical industry should be supported in this context.