Region: Turkey

New IP court ruling sets precedent for the EPC’s application in Turkey

The European Patent Convention 138/3 prohibits hurried revocations of European patents at a national level. While Turkish courts previously refused to implement the convention, it looks as if the tide may be turning.

16 December 2020

SEPs – enforcement and possible remedies

Featured in IAM Innovation & Invention Yearbook 2021

The debate over finding a concrete legal framework for the enforcement of SEPs was one of the hot IP topics of 2020.

20 November 2020

New Code of Civil Procedure extends deadlines in patent litigation

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.

18 November 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.

08 July 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.

22 April 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.

08 April 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.

18 March 2020

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.

06 November 2019

Patent enforcement at the borders

Featured in IAM Yearbook: Building IP value in the 21st century 2020

03 October 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.

02 October 2019

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