Turkey

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6 Nov 2019

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

A recent case involving two automotive companies has highlighted that third parties that file patent invalidation actions against a non-examined patent should be prepared for a possible request for conversion by the patent owner. Read more

3 Oct 2019

Patent enforcement at the borders

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2 Oct 2019

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

Under Article 154 of the IP Law, any person who has legal benefit can file an action to have a court determine that their acts do not infringe IP rights. For many years the IP courts rejected any attempts by patent holders to uphold their rights against Gx or generic pharmaceutical companies where there was a pending generic MA application on the basis that these are exempted from patent rights – the so-called Bolar exemption. Read more

17 Jul 2019

Filing an abridged application within terms of RDP does not constitute unfair competition

In a recent case concerning the regulatory data protection term for a drug, the court found that the filing of an abridged marketing authorisation application for a generic drug is a legal right under the licensing regulation of the Ministry of Health; therefore, utilising a legal right does not constitute unfair competition. Read more

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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

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

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