Region: Turkey

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 The new code substantially modifies the now repealed Decree-Law 551/1995 on Patents and Utility Models.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

Declaration of use under new IP Law: consequences and timelines

The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. The new law states that non-use of a patent could result in a third party being granted a compulsory licence over that patent.

30 May 2018

District court confirms regulatory data protection is an IP right

The IP Court recently rejected jurisdiction in a case regarding regulatory data protection. However, on appeal the district court found that the case concerned data exclusivity rights and the protection of unrevealed data, which is within the scope of IP courts.

23 May 2018

First damages claim decision in pharma sector for unjust preliminary injunction

The Istanbul IP Court has recently decided on a generic company’s damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind by Turkish IP courts within the pharmaceutical sector.

16 May 2018

Invalidity attack blocks precautionary injunction demand

The Istanbul IP Court recently rejected a crucial precautionary injunction demand of a patent owner on the grounds that the demand required a full trial due to the pending invalidation action against the patent.

07 March 2018

European patent validation and avoiding double patenting

The Patent and Trademark Office has offered a practical solution to seemingly conflicting provisions relating to double patenting in the Implementing Regulations to the European Patents Convention.

24 January 2018

Use requirements, evidence of use and compulsory licences

The new Industrial Property Law has repealed and replaced decree-laws pertaining to the protection of patent rights, including patent use requirements and evidence of use. Patent use requirements are now set out under the provision on compulsory licences.

17 January 2018