In short
A compulsory patent licence does not arise by itself without a decision given on request. The statute ties this route to exceptional cases, and the licence is created by a decision given on request. A licence contract signed with the right holder's consent is not the name of that decision. The cases are not lined up here by article number. The answer to whether it arises by itself is that it does not.
A notice does not write the decision
A notice sent because a patent is not being used does not create a licence. A competitor offering a price, or the right holder staying silent, does not build the decision by itself. The request is discussed before the competent authority, and with its file. The text of the notice is not put in place of the decision. Without the text, a claim of non-use is not treated as having been made.
If a decision is issued, the term, the field, and the price of the licence stand in that decision. A price ratio is not written here. Without a decision, a third person cannot say they are using the patent freely. The limit in the decision is compared with the request in the petition. The request does not by itself open a field that is not written in the decision. The document is kept as an annex to the decision. Without the document, the scope is not widened.
A voluntary licence is a different contract
A voluntary licence is an agreement between the right holder and the user. Whether it is exclusive, and the territory, are read from the contract. A compulsory licence is not a shortcut that takes the place of that agreement. Where there is a contract, a separate compulsory-licence decision is not sought. Where there is no contract, one does not say that consent existed.
The inventor and the applicant being different people does not by itself open a compulsory licence. Having taken over the right to apply does not give someone else a right of use free of charge either. The two subjects are not written into the same petition by rote. The application document may show the inventor's name. That name is not a compulsory-licence decision. The decision is looked for separately.
The decision, service, and the limit
A compulsory licence is discussed only on request, and in an exceptional case. Which case is relied on is read from the application papers. This article does not line those cases up article by article. An article number is not invented. If the file does not state the case, the case is not filled in.
The other party is not assumed to have learned the decision before it is served. The service piece is looked for in the file. If the authority on the piece conflicts with the authority in the petition, which body heard the matter is written. The office's address does not change that authority. A right of use is not declared before the decision is final. Without a record of finality, the right is not treated as having arisen.
The petition states which patent, for which field, and for whom a licence is requested. A field that is not written is not filled in by itself through the decision. If the decision has gone beyond the request in the petition, that overrun is read separately. If the right holder has objected, the objection is a document separate from the text of the decision. Without the document, an objection is not treated as having been made. If the price is inside the decision, that price is applied. If it is not inside the decision, the price is not completed here. A third person starting production does not take the place of the decision. Production is discussed only inside the limit drawn in the decision. Without a limit, use is not declared free.
What is looked at in a compulsory-licence file
A compulsory patent licence is not a shortcut for a voluntary licence. The notice, the decision, and the contract are kept separate. The office being in Çankaya does not change the competent authority. The request is read according to the body that gave the decision. The office address does not write the licence by itself.
In practice this article follows this order. First it looks at the file for whether there is a decision. If there is no decision, it does not treat the notice, or an offer of a price, as a licence. Then, if there is a decision, it reads the term, the field, and the price from the text of the decision. It does not fix a price ratio here. Then, if there is a voluntary contract, it does not put that contract in place of the compulsory licence.
The inventor and the applicant are also read separately. Transfer of the right to apply does not give someone else use free of charge. The cases are not lined up by article number. Which case is relied on is read from the application and the decision. Without a document, use is not declared free.
Conclusion
A compulsory patent licence depends on an exceptional decision, and it does not arise by itself. A voluntary licence is a separate contract. The cases in the statute are not lined up article by article here. A right of use is not declared without a decision or a contract. The frame is on the intellectual property page. The voluntary route stands separately in a patent licence, the record of the invention in the inventor, and going beyond the patent in patent infringement. The basis is the text of Law No. 6769.