Region: Turkey

This is the third example of a SEP holder using the pan-European court in patent-pool-related enforcement actions

19 April 2024

Featured in The Patent Litigation Review 2024

The Bolar exemption, which is outlined in the Law No 6769, is resulting in a significant number of court filings, seeking determination of non-infringement of pharma patents by licence applications for generic products. Due to this rule, generics companies are hoping to be able to launch their generic products as soon as their patents expire by obtaining a non-infringement declaration during the licensing period before the Turkish Ministry of Health.

29 February 2024

Ruling on the condition of plausible proof, the Ankara IP Court has clarified that an injunction can be granted in a way that prevents damages for both parties. This is especially crucial for cases in which the infringing product is put on the market without waiting for an expert report.

07 February 2024

The Istanbul Anatolian IP Court has decided that a recent invalidation action should be deemed not filed in accordance with Article 119 of the Code of Civil Procedure. This ruling is crucial to preventing future malicious invalidation actions that put the burden of concretising the case on the court.

10 January 2024

As there is no AI regulation or precedent yet in Turkey, the question of AI inventorship is a key point of contention. Some argue that AI should be considered a legal entity, while others argue that the country follow Roman law principles.

04 October 2023

A fresh case analysis sheds light on the need for European patent owners to publish the Turkish translation of the claims in order to claim compensation for damages suffered over a certain time period, without waiting for the EPO to grant or reject the application.

14 June 2023

While Turkey is not a UPC member state, the UPC’s lack of case law means that it will rely on EPO jurisprudence – a crucial element of Turkish judicial proceedings. It is thus highly likely that UPC proceedings and EPO evaluations will have a big impact on one another.

29 March 2023

The heavily debated concept of plausibility is quickly gaining prominence in invalidity proceedings. While it remains to be seen how the EPO will cement the concept into case law, several key existing cases present a number of conflicting arguments on the issue.

25 January 2023

Pharmaceutical patent holders have the unenviable task of providing evidence before IP courts to prove infringement to obtain a preliminary injunction decision to prevent launch of the infringing product to the market. Unfortunately, disparities in Turkish courts’ approaches to requests for determination of evidence are making a challenging job even harder.

14 December 2022

Turkey’s recent compulsory licence decision shines a light on the questionable use of compulsory licence provisions around the world in relation to the pandemic. The creation of the covid vaccine has sparked discussions on IP rights and where the real regulatory focus should be.

28 September 2022