Region: Turkey

TPI finally publishes new draft IP law

The Turkish Patent Institute has published the long-awaited draft IP Law. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents).

09 March 2016

New AMTC raises patent-related questions

The Technological Research Council of Turkey and Rolls Royce have signed a cooperation agreement to build the first advanced manufacturing technology centre (AMTC) in Turkey. Although ownership of the IP rights resulting from the AMTC's work depends on the agreement between the parties, certain general rules on patent ownership must be taken into account.

16 December 2015

Intepreting the application of the European Patent Convention in Turkey

The European Patent Convention (EPC) is part of Turkish domestic law and, as an international agreement, it cannot be declared unconstitutional. However, in some cases the IP courts interpret the EPC in a way that renders it ineffective.

09 December 2015

Court of Appeals evaluates likelihood of confusion for descriptive trademarks

The Assembly of Civil Chambers of the Court of Appeals recently ruled that trademarks containing identical descriptive phrases give rise to a likelihood of confusion. This approach grants exclusive rights over descriptive and generic phrases found in trademarks which could legitimise unfair competition.

04 November 2015

Turkish IP system continues to evolve despite unresolved issues

Featured in IAM Yearbook 2016 – Building IP value in the 21st century

As a bridge between Europe, Asia and the Middle East, Turkey continues to attract the attention of both foreign investors and IP infringers. Turkey has been adapting its IP legislation in line with international treaties since the mid-1990s. Its…

23 October 2015

Supreme Court overturns IP court decision declaring second medical use patent null and void

The Supreme Court recently issued its first decision on the patentability of second medical use claims in Turkey, marking a milestone for patent holders. The decision has removed the ambiguity surrounding the legitimacy of second medical use patents following a 2014 first-instance decision and upheld the legitimacy of such patents under Turkish patent law.

21 October 2015

Square pegs in round holes: invalidation actions against unexamined patents

The Turkish patent regime has a pre-grant opposition system and recognises two types of patent: unexamined patents and examined patents. Unexamined patents can also be converted into examined patents if a request for examination is made during the unexamined patent's seven-year protection period.

15 July 2015

IP Court applies European Patent Convention in national invalidity proceedings

In a recent invalidation action against the national validation of a European patent, the patent holder asked the IP Court to delay the proceedings due to ongoing proceedings before the European Patent Office. Rather surprisingly, the IP Court granted this request. The decision is remarkable as it is the first time that a national court has applied Article 138/(3) of the European Patent Convention.

10 June 2015

Originator challenges generic drug and ministry price reduction decision

In a recent case a global pharmaceutical company filed a patent infringement action and sought a precautionary injunction against a generic company on the grounds that the generic company had filed an abridged marketing authorisation application for the pharmaceutical which referred to the marketing authorisation dossier of the original product, one of the originator's most profitable drugs in Turkey.

29 April 2015

Appeal court rules on status of opposed European patents in Turkey

The 11th Civil Chamber of the Court of Appeals recently issued a remarkable decision regarding European patents validated in Turkey – specifically, on the status of the validation of a European patent in Turkey where an opposition or appeal is pending before the European Patent Office.

15 April 2015

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