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New Law on the Protection of Personal Data is on the way (International reports)
The long-awaited Law on the Protection of Personal Data has been published in the Official Gazette. The law establishes the framework for a central data protection regime. While it will have broad effect across multiple industries, it raises particular concerns for the healthcare industry.
Supreme Court overturns IP court decision declaring second medical use patent null and void (International reports)
The Supreme Court recently issued its first decision on the patentability of second medical use claims in Turkey, marking a milestone for patent holders. The decision has removed the ambiguity surrounding the legitimacy of second medical use patents following a 2014 first-instance decision and upheld the legitimacy of such patents under Turkish patent law.
IP Court applies European Patent Convention in national invalidity proceedings (International reports)
In a recent invalidation action against the national validation of a European patent, the patent holder asked the IP Court to delay the proceedings due to ongoing proceedings before the European Patent Office. Rather surprisingly, the IP Court granted this request. The decision is remarkable as it is the first time that a national court has applied Article 138/(3) of the European Patent Convention.
Is withdrawal of appeal different from waiver of action? (International reports)
The withdrawal of an action allows the withdrawing party to re-file the same action. However, if a party waives an action, it also waives all of its rights to file the same action. The Istanbul 3rd Civil Court of Intellectual and Industrial Property recently examined the difference between withdrawal and waiver.
Direct applicability of European Patent Convention while invalidation actions pending (International reports)
Article 138/3 of the European Patent Convention is inconsistent with Turkish national patent law, so the IP courts and the Turkish Patent and Trademark Office previously refused to apply Article 138/3 in national invalidity proceedings. However, recently the Istanbul IP Court applied Article 138/3 and accepted claim limitation in national proceedings.
Article 7/1(b) of the Trademark Decree-Law versus the principle of co-existence (International reports)
Pursuant to the Trademark Decree-Law, a trademark which is identical or indistinguishably similar to an earlier trademark and which seeks to be registered for the same or similar goods and services will be rejected by the Turkish Patent Institute at the first examination stage, without the need for the owner of the earlier trademark to file an opposition.
Stronger patent protection for patent applicants and owners (International reports)
A new draft IP law will introduce provisions to strengthen the protection of the rights of both patent applicants and patent owners. Under the law, the protection given to a patent owner will also be given to a patent applicant as of publication of the application.
TPI finally publishes new draft IP law (International reports)
The Turkish Patent Institute has published the long-awaited draft IP Law. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents).
IP court accepts patent infringement action against global medical device company (International reports)
Although preliminary injunctions in patent filings are rarely easy to obtain, a recent preliminary injunction was swiftly rendered following confirmation by the technical expertise of a European patent attorney, a reputable professor working on medical devices and the court-appointed experts.
Compulsory licensing provisions of new industrial property law (International reports)
Article 129 of the new Law on Industrial Property Rights lists six circumstances where a compulsory licence may be granted. Although the new law is to be welcomed, it appears that for patent holders, Article 129 on compulsory licensing may be particularly problematic and, to some extent, unfair.
IP court interprets scope of Bolar exemption (International reports)
A recent IP court decision marks the first interpretation of the Bolar exemption with such a narrow scope and the first time that an application for inclusion on the Social Security Institution reimbursement list has been considered an attempt to actually sell a drug. However, it remains to be seen whether the appeal court will agree with the IP court's reasoning.
IP Court rejects Court of Appeal view on second medical use claims (International reports)
In 2014 the Istanbul IP Court held that second medical use claims granted by the European Patent Office under the European Patent Convention 1973 were null and void. Although the Court of Appeal overruled this decision, the IP Court refused to acknowledge the higher court's ruling. The case has now gone before the General Assembly of Courts of Appeal.
Changing approach of courts to Bolar exemption (International reports)
Under the Bolar exemption, regulatory acts such as obtaining marketing authorisation and conducting experiments and tests necessary to obtain marketing authorisations are exempt from the scope of patent rights. Although the IP courts used to limit the scope of the Bolar exemption with the grant of the marketing authorisation, this approach has been altered to extend the scope of the acts to be interpreted under the exemption.
Intepreting the application of the European Patent Convention in Turkey (International reports)
The European Patent Convention (EPC) is part of Turkish domestic law and, as an international agreement, it cannot be declared unconstitutional. However, in some cases the IP courts interpret the EPC in a way that renders it ineffective.
New AMTC raises patent-related questions (International reports)
The Technological Research Council of Turkey and Rolls Royce have signed a cooperation agreement to build the first advanced manufacturing technology centre (AMTC) in Turkey. Although ownership of the IP rights resulting from the AMTC's work depends on the agreement between the parties, certain general rules on patent ownership must be taken into account.
Court of Appeals evaluates likelihood of confusion for descriptive trademarks (International reports)
The Assembly of Civil Chambers of the Court of Appeals recently ruled that trademarks containing identical descriptive phrases give rise to a likelihood of confusion. This approach grants exclusive rights over descriptive and generic phrases found in trademarks which could legitimise unfair competition.
Square pegs in round holes: invalidation actions against unexamined patents (International reports)
The Turkish patent regime has a pre-grant opposition system and recognises two types of patent: unexamined patents and examined patents. Unexamined patents can also be converted into examined patents if a request for examination is made during the unexamined patent's seven-year protection period.
Draft Industrial Property (Rights) Law includes compulsory licence provisions (International reports)
The compulsory licensing provisions included in the draft Industrial Property (Rights) Law have been hotly debated. As well as encompassing the grounds for compulsory licensing already set out in Turkish law, the draft law broadens each provision, in particular extending the scope for granting a compulsory licence in case of failure to work.
Constitutional Court: IP rights to be regulated by law (International reports)
The draft Patent Law is still pending on Parliament’s agenda, but the Constitutional Court recently handed down a strategic decision which revealed a much more serious issue in relation to the existing Patent Decree-Law. In its decision the Constitutional Court annulled Article 158/II of the Patent Decree-Law on the grounds that the right of property should not be governed by decree-laws.
Appeal court rules on status of opposed European patents in Turkey (International reports)
The 11th Civil Chamber of the Court of Appeals recently issued a remarkable decision regarding European patents validated in Turkey specifically, on the status of the validation of a European patent in Turkey where an opposition or appeal is pending before the European Patent Office.
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