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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… »

EU Pharmaceutical Package - EU Pharmaceutical Legislative Reform and its Impact on Türkiye

On 26 April 2023, the European Commission (the “Commission”) adopted a proposal for a new Directive and Regulation (the “Proposal”) which revise and replace the existing general pharmaceutical legislation. The proposal adopted by the Commission replaces the existing general pharmaceutical legislation (Regulation 726/2004 and Directive 2001/83/EC) and the legislation on pharmaceuticals for children and rare diseases (Regulation 1901/2006 and Regulation 141/2000/EC… »

Inventorship of AI and Türkiye’s Position

Artificial intelligence has begun taking over roles normally performed by humans with little difficulty, including the act of inventing. As a result, debates on whether artificial intelligence can be the owner of an invention have emerged across the global and are likely to open many novel discussions. The debate on whether an artificial intelligence system can be an inventor began after the development of DABUS, the artificial intelligence system developed by Dr. Stephen… »

Recent Changes in the Turkish Commercial Code

With the Law no. 7511 Amending the Turkish Commercial Code and Certain other Laws (the “Amendment Law”), which entered into force after being published in the Official Gazette dated 29.05.2024 numbered 32560, amendments are made primarily to the Turkish Commercial Code numbered 6102 (the “TCC”) and other certain laws. We present below the important amendments introduced by the Amendment Law within the scope of the TCC in order to provide convenience to corporate transactions… »

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