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The heavily debated concept of plausibility is quickly gaining prominence in invalidity proceedings. While it remains to be seen how the EPO will cement the concept into case law, several key existing cases present a number of conflicting arguments on the issue.
25 January 2023
Pharmaceutical patent holders have the unenviable task of providing evidence before IP courts to prove infringement to obtain a preliminary injunction decision to prevent launch of the infringing product to the market. Unfortunately, disparities in Turkish courts’ approaches to requests for determination of evidence are making a challenging job even harder.
14 December 2022
Turkey’s recent compulsory licence decision shines a light on the questionable use of compulsory licence provisions around the world in relation to the pandemic. The creation of the covid vaccine has sparked discussions on IP rights and where the real regulatory focus should be.
28 September 2022
In ruling on the patentability of second/further medical use patents in Turkey, the court has brought to a close years of debate on the validity of second medical use patents granted by the EPO before the EPC 2000 amendments.
24 August 2022
The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies.
10 August 2022
If compulsory licensing is used in Turkey, it is imperative that the individual requirements of each case are considered. This is especially important when it comes to facilitating access to medical treatments for covid-19.
30 March 2022
The IP Court’s most recent ruling emphasises the importance of granting a precautionary injunction before the release of a Gx product, to prevent incurable price cuts against pharmaceutical patents.
26 January 2022
Currently, the Turkish Medicines and Medical Devices Agency does not investigate whether drugs supplied from abroad infringe patent rights. However, a recent case provides useful guidance for the steps to be taken, where such infringement occurs.
19 January 2022
The unequal dissemination of covid-19 vaccines remains controversial, yet while a proposed IP rights waiver might enhance global access to affordable vaccines, it remains unlikely that it would provide a solution to the unequal rollout.
12 January 2022
A district court has gone against the growing practice of rejecting preliminary injunction requests in patent disputes. While the reasoning is that injunctions require a full trial yet, courts have taken to rejecting requests for them without setting a trial date or carrying out any of the relevant examination and evaluation.
03 November 2021
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