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Insights


Articles -
Technology, Media and Telecom || Hande Hançar Çelik and Elif Melis Ozsoy


Articles -
Intellectual Property Services | Patents and Utility Models || Selin Sinem Erciyas and Maral Sayan

It has become common for a plaintiff in an invalidation or determination of non-infringement action to demand a precautionary injunction against a defendant patentee to prevent it from enforcing its patent rights against the plaintiff, although there is no explicit legal provision for this in the Turkish Patent Law or procedural law.
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Articles -
Employment || Beril Yayla Sapan and Asena Aytug Keser


Articles -
Intellectual Property Services | Patents and Utility Models || Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

Headnote
The Turkish Court of first instance held that the liability for damages arising from an unfair preliminary injunction (where no infringement was found in the action on the merits) is a type of strict liability and therefore did not investigate whether the defendant was at fault when ruling that the conditions for compensation were deemed to be fulfilled.
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Country Guides -
Intellectual Property Services | Trademarks and Designs || Güldeniz Doğan Alkan

  • Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
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