The First of its Kind: Compensation for Damages Caused by Unfair Preliminary Injunction Decisions in the Pharmaceutical Industry
One must have deep knowledge and experience in many different disciplines to play a role in the solution of complex and multi-layered patent law disputes. One of the most important examples of this situation are compensation actions filed following the abolition of preliminary injunctions in patent disputes related to the pharmaceutical industry. As a matter of fact, the decisions of the courts of first instance and the Court of Appeal in these types of cases give direction… »
A New Slant on the Implementation of the Bolar Exemption in Turkish Patent Law
The Bolar Exemption falls under the provision of Article 85(3)/(c) of the Industrial Property Code No. 6769 (IP Code) and regulates the marketing authorisation of pharmaceuticals, the testing and experiments required for this purpose and the exemption of experimental acts involving the patent subject to the invention from the scope of rights protected by the patent. The aim of the Bolar Exemption is to ensure that Gx pharmaceutical products can be put on the market without… »
SEP: Navigating the Technology-Driven World
Standard-Essential Patents (SEPs) is a concept arising from the interaction between patent rights, which provide exclusive use of an invention and “standards” aimed at the widespread and mandatory use of this innovation in the relevant market. Considering the upward trend in patent litigation arising from SEPs, it would be fair to say that SEP has become patent law’s new buzzword. Licensing SEPs: FRAND Terms Standard Developing Organisations (“SDOs”) determine the technical… »
Fending Off Tactical Patent Invalidation Actions
Filing patent invalidation actions for tactical purposes, such as jeopardizing patent infringement actions of patent owners and gaining time by complicating the infringement proceedings, has become a common strategy of infringers in recent years. With this strategy, the parties infringing the patent may cause the patent owner to suffer due to the inability to enforce their patent as they are entitled to during the limited protection period of 20 years, even if the invalidity… »
Possible Effects of a Unified Patent Court in Türkiye
The concept of the Unified Patent Court (UPC) entered the lives of European Patent holders with the UPC Agreement, an international agreement dated 19 February 2013. The Unified Patent Court started operating as of 01 June, 2023. The Unified Patent Court constitutes a big and important step towards unity of the judiciary for European Union member states. The Statistics and Trends Centre of the European Patent Office (EPO) reported that 17,788 unitary effect requests were made… »
Preventing Price Decreases of Original Pharmaceutical Products with Partial Preliminary Injunctions
Timely and appropriately strategized action is key for owners of pharmaceutical patents wishing to maximise benefits of the rights granted to them. The Turkish Industrial Property Code regulates the exemption of patent rights concerning experimental acts regarding the product subject to the invention, as well as marketing authorisation, and the necessary testing and experiments within its scope. In practice, the Courts occasionally erroneously interpret the wording of the law… »