Region: Turkey

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

IP court accepts patent infringement action against global medical device company

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

Is withdrawal of appeal different from waiver of action?

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

Direct applicability of European Patent Convention while invalidation actions pending

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

Patent and utility model prosecution under the new Industrial Property Law

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

Compulsory licensing provisions of new industrial property law

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

Industrial Property Law comes into force

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

Is 4X4 equal to 8X4 under trademark law?

The Ankara Third Civil Court of Intellectual and Industrial Property Rights recently ruled on the confusing similarity between the well-known trademark 8X4 and the trademark FASHION 4X4. The court cancelled the Turkish Patent Institute's decision that the trademarks 8X4 and FASHION 4X4 were not confusingly similar under Article 8/1(b) of Decree-Law 556 on the Protection of Trademarks.

09 November 2016

Preliminary injunction granted in favour of second medical use patent

The Court of Appeal has established precedent that registered rights must be fully protected until such time as they are invalidated. This rarely causes loss of a party's rights. However, the first-instance courts generally refrain from ruling in favour of a patent, including the grant of injunctions, in an infringement action when invalidation actions are pending on the same patent.

05 October 2016

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