Ex Parte Injunctions in Turkish IP Law

Although ex parte injunctions are legally available, are quite rare in Turkish Patent Law practice. The IP Courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in 2019, the Turkish IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter.

The request for this ex parte injunction was filed against a company in Argentina. The company supplied and imported (what was assumed to be) infringing pharmaceuticals to Turkey. The alleged infringer had no affiliate in Turkey. As the international notification procedure, which may take at least two to three months, was used to notify the defendant Argentinian company of the patent holder’s action complaint, the IP Court was convinced to conduct a patent infringement examination, ex parte, and referred the case to a Court-appointed expert panel to evaluate the technical aspects of the infringement.

If an injunction is granted ex parte, then as per IP Law, the other party will be notified of the decision and will be granted the right to appeal before the district court. The appeal will not suspend the execution of the decision.

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