While amendments to Article 281 of the Code of Civil Procedure have been broadly welcomed for offering extensions for the submission of statements that challenge expert reports in patent litigation, many are questioning whether they go far enough. Read more
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
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
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
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.
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.
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.
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
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.
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.
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.
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
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.
