Region: Turkey

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

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.

17 July 2019

IP court decisions cast doubt on preliminary injunctions

It has become common for plaintiffs in an invalidation or determination of non-infringement action to demand a precautionary injunction against a defendant patentee to prevent it from enforcing its rights. However, recent case law suggests that the issue is far from straightforward.

26 June 2019

Turkish IP Court issues first pharma damages ruling

The Istanbul Court of Intellectual and Industrial Property has ordered a patentee to pay €333,000 to the manufacturer of a generic pharmaceutical after an injunction was unfairly granted against the manufacturer’s product. However, both parties are appealing the decision – the first in this area.

19 June 2019

Litigation and eligibility: Turkey

Featured in Patents in Europe: Helping business compete in the global economy 2019/2020

Article 149 of the Industrial Property Code 6769 (IP Code) sets the legal framework for claims that can be asserted by the rights holder and the scope of the injunctions that can be granted by the court.

11 April 2019

Turkish IP Court delays invalidation action after considering European Patent Convention

An IP Court judge has decided to delay a patent invalidation action until the EPO Boards of Appeal issues its final decision on the matter. The judge took account of Article 138/3 of the European Patent Convention, as well as the principle of procedural economy, to reverse a previous ruling from the court.

30 January 2019

Mandatory mediation introduced for patent disputes in Turkey

Mandatory mediation has been introduced for claims involving commercial receivables. It is hoped that mediation will encourage both sides to find an amicable solution; as parties witness the benefits of mediation they might be encouraged to choose this process for other, non-obligatory disputes.

23 January 2019

Ex parte injunctions in Turkish IP law

Although they are legally available, ex parte injunctions are quite rare in Turkish IP practice. The IP courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in a recent case, the IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter.

09 January 2019

Leading home appliances manufacturer granted preliminary injunction against competitor

Following two expert panel reviews, the IP court has granted a preliminary injunction against an international leading company in the coffee machine and home appliances sector on the grounds of patent infringement.

10 October 2018

Employee inventions and designs under new IP Code

Featured in IAM Yearbook 2019

Employee inventions and designs are one of the main areas of intervention of the new Code of Industrial Property 6769. The new code substantially modifies the now repealed Decree-Law 551/1995 on Patents and Utility Models.

26 September 2018

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