Region: Turkey

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

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

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

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

Although preliminary injunctions in patent filings are rarely easy to obtain, a recent preliminary injunction was swiftly rendered following confirmation by the technical expertise of a European patent attorney, a reputable professor working on medical devices and the court-appointed experts.

14 June 2017

The withdrawal of an action allows the withdrawing party to re-file the same action. However, if a party waives an action, it also waives all of its rights to file the same action. The Istanbul 3rd Civil Court of Intellectual and Industrial Property recently examined the difference between withdrawal and waiver.

03 May 2017

Article 138/3 of the European Patent Convention is inconsistent with Turkish national patent law, so the IP courts and the Turkish Patent and Trademark Office previously refused to apply Article 138/3 in national invalidity proceedings. However, recently the Istanbul IP Court applied Article 138/3 and accepted claim limitation in national proceedings.

22 March 2017

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.

01 March 2017

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.

01 February 2017

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.

18 January 2017