The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. Instead, the new law refers to the use requirement within the compulsory licence provision, stating that non-use of a patent could allow a third party to demand a compulsory licence over that patent.
Consequences of failure to file declarationAs the IP Law does not have clear provisions requiring the patent owner to file a declaration of use or non-use…
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The availability of preventive measures at Customs is vital in the fight against counterfeiting. In light of this, the Customs Code and the relevant customs regulations have been amended in line with TRIPs.
Legal frameworkTurkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code…
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Regulatory data protection has been a contentious issue since it was introduced into Turkish law via the Ministry of Health Licensing Regulation. The most problematic areas are:
the implementation of regulatory data protection as market exclusivity, despite contradictory wording in the Licensing Regulation; and
limiting the regulatory data protection right to within the patent term.
When this issue comes before IP courts in cases of unfair use of data by third parties…
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The Istanbul IP Court has recently decided on a generic company’s damages claim based on an unjust preliminary injunction, in what appears to be the first decision of its kind by Turkish IP courts within the pharmaceutical sector. The parties can appeal the decision before the district court, as well as the court of appeal, after the proceedings.
FactsThe dispute between an originator firm and a generic firm derived from an infringement claim. The court had issued a…
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Introduction
Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions.
One of the most common claims is that the state has violated an individual’s right to a fair trial by failing to meet the reasonable time requirement and concluding criminal cases over…
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