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Turkey

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8 Jul 2020

Discovery of evidence and preliminary injunction demands during covid-19

Despite accepting the discovery of evidence demand made by an originator company against a generic pharmaceutical company after an expert panel confirmed that patent infringement had occurred, a Turkish IP court has rejected the originator’s request for a preliminary injunction on the grounds of the ‘Bolar’ exemption – sending conflicting messages to rights holders. Read more

22 Apr 2020

Understanding indirect infringement in Turkish IP practice

Turkish IP law does not explicitly define ‘indirect infringement’, although legislators refer to Article 86 of the Industrial Property Code.  A recent case, in which a generic company filed a determination of non-infringement action against an originator company, is the first example of an interpretation of Article 86 for second medical-use claims in Turkish IP practice. Read more

8 Apr 2020

Questionable approach of Turkish IP courts in assessing Bolar exemption

Article 85(3) (c) of the Industrial Property Law excludes marketing authorisation applications from the scope of patent rights. However, the IP courts’ interpretation of this has been disproportionately weighted against patent holders. Read more

18 Mar 2020

Is a minor difference from a patented range enough to win an infringement case?

Recent cases demonstrate that the Turkish IP court’s approach to products that possess a minor difference from the range claimed in a patent is rather rigid and it appears reluctant to consider prosecuting allegedly infringing products based on formula deviations. Read more

Litigation

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12 Oct 2017

Patent enforcement according to the new IP Code in Turkey

Geographically positioned between Europe and Asia, Turkey is an important strategic country with a population of 79.8 million and the largest youth population compared with countries in the European Union. As a member of the G20, Turkey aims to… Read more

9 Nov 2016

Is 4X4 equal to 8X4 under trademark law?

The Ankara Third Civil Court of Intellectual and Industrial Property Rights recently ruled on the confusing similarity between the well-known trademark 8X4 and the trademark FASHION 4X4. The court cancelled the Turkish Patent Institute's decision that the trademarks 8X4 and FASHION 4X4 were not confusingly similar under Article 8/1(b) of Decree-Law 556 on the Protection of Trademarks.

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5 Oct 2016

Preliminary injunction granted in favour of second medical use patent

The Court of Appeal has established precedent that registered rights must be fully protected until such time as they are invalidated. This rarely causes loss of a party's rights. However, the first-instance courts generally refrain from ruling in favour of a patent, including the grant of injunctions, in an infringement action when invalidation actions are pending on the same patent.

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22 Jun 2016

IP Court rejects Court of Appeal view on second medical use claims

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.

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Patents Law

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12 Oct 2017

Patent enforcement according to the new IP Code in Turkey

Geographically positioned between Europe and Asia, Turkey is an important strategic country with a population of 79.8 million and the largest youth population compared with countries in the European Union. As a member of the G20, Turkey aims to… Read more

1 Mar 2017

Patent and utility model prosecution under the new Industrial Property Law

The new Industrial Property Law is now in force with new provisions to encourage filing national applications before the Turkish Patent and Trademark Office by setting out a standardised procedure which can be completed in a shorter timeframe.

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1 Feb 2017

Compulsory licensing provisions of new industrial property law

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.

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5 Oct 2016

Preliminary injunction granted in favour of second medical use patent

The Court of Appeal has established precedent that registered rights must be fully protected until such time as they are invalidated. This rarely causes loss of a party's rights. However, the first-instance courts generally refrain from ruling in favour of a patent, including the grant of injunctions, in an infringement action when invalidation actions are pending on the same patent.

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Strategy

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18 Jan 2017

Industrial Property Law comes into force

The long-awaited Industrial Property Law has finally come into force. The new law regulates all IP rights in a single code, and also changes the name of the Turkish Patent Institute to the Turkish Patent and Trademark Office. Read more

15 Jun 2016

New Law on the Protection of Personal Data is on the way

The long-awaited Law on the Protection of Personal Data has been published in the <i>Official Gazette</i>. 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.

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Trending

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Discovery of evidence and preliminary injunction demands during covid-19

2

Questionable approach of Turkish IP courts in assessing Bolar exemption

3

Understanding indirect infringement in Turkish IP practice

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Declaration of non-infringement can be rejected in absence of marketing authorisation

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Reverting a non-examined patent to an examined patent during court proceedings

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John M Desmarais
Partner
New York NY, United States
Desmarais LLP
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