Region: Turkey

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The new Industrial Property Law has repealed and replaced decree-laws pertaining to the protection of patent rights, including patent use requirements and evidence of use.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

New regulation on employee inventions

Under a new regulation on employee inventions, if an employer demands a full or partial right to an employee invention, reasonable compensation and an award should be paid to the employee. The regulation also sets out rules for calculating reasonable awards.

06 December 2017

Patent enforcement according to the new IP Code in Turkey

Featured in IAM Yearbook 2018

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…

12 October 2017

Litigation and eligibility: Turkey

Featured in Patents in Europe 2018/19: Helping business compete in the global economy

Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? A patent can be enforced before specialised IP courts by filing a patent infringement action according to Article 149 of the Industrial Property Law. …

02 October 2017

Impact of finalised revocation decision on preliminary injunction demands

The Istanbul Second IP Court recently adopted a refusal decision, citing that it would not remove a preliminary injunction as the invalidation and dismissal decisions had not been finalised. Given the IP courts’ track record of deciding the exact opposite, this kind of decision is the beginning of a new era.

27 September 2017

Unlock unlimited access to all IAM content