Region: Turkey

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

IP Court rejects Court of Appeal view on second medical use claims

In 2014 the Istanbul IP Court held that second medical use claims granted by the European Patent Office under the European Patent Convention 1973 were null and void. Although the Court of Appeal overruled this decision, the IP Court refused to acknowledge the higher court's ruling. The case has now gone before the General Assembly of Courts of Appeal.

22 June 2016

New Law on the Protection of Personal Data is on the way

The long-awaited Law on the Protection of Personal Data has been published in the <i>Official Gazette</i>. The law establishes the framework for a central data protection regime. While it will have broad effect across multiple industries, it raises particular concerns for the healthcare industry.

15 June 2016

Draft Industrial Property (Rights) Law includes compulsory licence provisions

The compulsory licensing provisions included in the draft Industrial Property (Rights) Law have been hotly debated. As well as encompassing the grounds for compulsory licensing already set out in Turkish law, the draft law broadens each provision, in particular extending the scope for granting a compulsory licence in case of failure to work.

08 June 2016

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