Region: Turkey

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

IP court interprets scope of Bolar exemption

A recent IP court decision marks the first interpretation of the Bolar exemption with such a narrow scope and the first time that an application for inclusion on the Social Security Institution reimbursement list has been considered an attempt to actually sell a drug. However, it remains to be seen whether the appeal court will agree with the IP court's reasoning.

25 February 2015

Constitutional Court: IP rights to be regulated by law

The draft Patent Law is still pending on Parliament’s agenda, but the Constitutional Court recently handed down a strategic decision which revealed a much more serious issue in relation to the existing Patent Decree-Law. In its decision the Constitutional Court annulled Article 158/II of the Patent Decree-Law on the grounds that the right of property should not be governed by decree-laws.

28 January 2015

Changing approach of courts to Bolar exemption

Under the Bolar exemption, regulatory acts such as obtaining marketing authorisation and conducting experiments and tests necessary to obtain marketing authorisations are exempt from the scope of patent rights. Although the IP courts used to limit the scope of the Bolar exemption with the grant of the marketing authorisation, this approach has been altered to extend the scope of the acts to be interpreted under the exemption.

21 January 2015

IP court finds second medical use claims to be medical treatment methods

The Istanbul IP Court, evaluating a patent infringement claim filed by the patentee of a 'Swiss-type' European patent, has rejected the claim on the grounds that the patent was a "medical treatment method" which should not have been registered under Article 52(4) of the European Patent Convention 1972, and therefore was null and void. The decision has created uncertainty and weakness for second medical use claims.

10 December 2014

Draft patent law creates barriers to patent protection

Since Turkey joined the European Patent Convention in 2000, it has had a bifurcated system for national and European patents validated in Turkey. In order to harmonise procedures, a draft patent law amending Decree-Law 551 on the Protection of Patent Rights has been prepared. However, the latest version of the draft law proposes some controversial changes.

03 December 2014

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