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Enforcement
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The holder of patent is entitled to prevent following actions by third parties performed without permission :
- Production, sale, use, or importation of patented products or keeping them in possession for purposes other than for personal needs;
- Use of a process that is the subject matter of the patent;
- Offers made by third persons to others for the use of a patented process of which the use is known or should be known to be prohibited;
- Putting to sale or making use or importing or keeping in possession for any such purpose other than for personal needs of products directly obtained through the patented process
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Here are the demands of the patent owners from the Law Courts:
- To stop and prevent the violations against the rights arising from patents and utility models,
- To eliminate the violation and to compensate the material and immaterial rights,
- To confiscate the products that had been produced and exported by violation and the tools used in the manufacture of the same,
- If it is possible, to give the property right of the confiscated products and the tools to the beneficial owner,
- To take necessary measures in order to prevent the violation, in particular, in patents and utility models, to change the shapes of the confiscated products and the tools, or if it is impossible to prevent the violation arising from the patent, to destruct them,
- To notify the court decree on the person, who violated the rights arising from patent and utility model, to the relevant parties on the cost of the violator, and to declare the decree to public; the declaration may be requested to be published in the biggest three newspapers of the Turkey.
Please contact us for any further details..
Litigation Overview
In terms of enforcement, Turkish IP law allows both civil and criminal actions. Preliminary injunctions can be claimed in actions. IP litigation in Turkey generally begins at specialised IP or civil courts depending on the place of judgment, and moves on to the Supreme Court if an appeal is filed. There are four specialised penal courts and three specialised civil courts.
If the infringer is resident in Istanbul, Ankara or Izmir the criminal or civil case will be lodged before the IP courts. Approximately half of the total actions taken so far have been in Istanbul. In other cities the case will be lodged with the civil courts acting as IP courts. Criminal proceedings can be instituted by filing a complaint directly with the public prosecutor.
The exclusive rights conferred by an IP right are mainly directed at prohibiting third parties from using such intellectual property.
In general, civil actions may include requests for determination of infringement, cessation of the acts of infringement, seizure of counterfeit goods and compensation of damages. Criminal actions may include imprisonment, pecuniary punishment, closure of job sites and prohibition of commerce.
Persons making false statements during the process of granting an IP right, those removing, without authorisation, the sign indicating an IP right on a product or those falsely presenting themselves as the owner of an IP right are subject to a maximum fine of YTL46,000 (US$35,000) and imprisonment of up to three years.
Although timescales are dependent upon the complexity and type of the IP right, in general cases with little technical involvement such as trademark/industrial design infringement or unfair competition take approximately two years to complete, whereas patent infringement cases may take up to three years or more to complete, given the necessity for expert reports.
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For online identical and similarity trademark search from our updated database
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Recent court decisions for your further consideration on Turkish IP litigation and enforcement.
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For your immediate inquiries about Turkish IP field online
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