Patent licence agreement in Turkish Law

In Turkish law, patient licence agreement isn?t regulated in law of liabilities. Provisions related to this agreement takes part at Decree-Law No:551 Pertaining To The Protection Of Patent Rights. However, due to the fact that components of the agreement doesn?t regulate all in the Decree- Law no:551, the aggrement is predominantly named as ?innominate contract? in doctirine.According to Decree-Law article 86 which related to establishing a right, patent or patent application, shall be alienated to another person, shall be acquired of succession, shall be deposited and the usage right of patent licence, shall be question to a licence. In addition to this in article 88 of Decree-law no 551, patent application for usage right of patent shall be matter to licence agreement taking effect in national borders or a part of it.Patent licence agreement is defined as mutual agreement which is the licensor grants grants his rights on patent licence to licencee, and licencee pays a consideration to licensor.The agreement shall be in various forms, the significant forms are exclusive and ordinary licences. Ordinary licence is a kind of licence contract in which licensor grants a right of usage of patent to the licencee without prejudice to the right of grating it to anyone else.On the other hand in Exclusive Licence, the licensor has not the right to grant the usage right of patent to anyone other than licensee.The characteristics of the patent licence agreements can be listed like, it is a agreement which is related to assign of the usage right, a agreement which is onerous and ascribe debt to both sides as a rule, engender continuous debt relationship, is a transaction which puts someone into debt, engender personal right to licensee.The judicial attribute of the patent license agreements is controversial in the doctrine, but the opinion which is accepted by a majority, is in the direction of this agreement has its own structure.Patent license agreement ascribes mutual responsibility for both licensee and licensor. It is accepted by a majority that the characteristic debt of this aggrement is licensor?s usage debt. The licensee?s opposite debt is the responsibility of paying the license price and using license subject conveniently the agreement. In need of the agreement?s continuous debt relationship character, as a result of the confidence realatinship which is built between the sides, can occur various secondary responsibilities.Patent licence agreement can conclude by itself in case of the period of aggrement or the period of the patent right finish, also it can be concluded in case of the conditions which are agreed in the agreement, actualize or the existance of reasonable occasions.