Patent and utility model lawsuits in Turkey are crucial legal tools for protecting innovative ideas and technological developments. For foreign investors and companies, understanding the litigation process is essential to safeguarding their rights in the Turkish market. Governed by the Industrial Property Law No. 6769, these lawsuits provide comprehensive remedies against unauthorized use, invalid registrations, and other infringements.
1. Legal Framework
Patent and utility model protection in Turkey is regulated under Industrial Property Law No. 6769. The Turkish Patent and Trademark Office (Türk Patent) handles applications and registrations, while disputes are resolved by specialized Intellectual Property Courts.
Turkey is also a member of the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT), allowing foreign applicants to seek protection via international routes.
2. Patent Infringement Lawsuits
A Patent Infringement Lawsuit is filed when a patented invention is produced, used, sold, or imported without the patent holder’s consent. Infringement can include:
- Manufacturing a patented product without authorization.
- Using a patented process without a license.
- Selling or distributing infringing products.
Remedies available to the patent holder include:
- Injunctions to stop the infringement immediately.
- Seizure and destruction of infringing goods.
- Compensation for economic and moral damages.
- Publication of the judgment to deter further infringements.
Interim injunctions can be requested at the start of the proceedings to prevent ongoing harm.
3. Patent Invalidation Lawsuits
A Patent Invalidation Lawsuit challenges the validity of a granted patent. Common grounds include:
- Lack of novelty.
- Lack of inventive step.
- The invention is not industrially applicable.
- The subject matter is excluded from patentability under the law.
If a patent is invalidated, it is considered as though it never existed, removing it from the registry and eliminating its legal effects.
4. Utility Model Lawsuits
Utility models offer protection for inventions that are new and industrially applicable but do not meet the inventive step threshold required for patents.
Foreign companies often use utility models for faster and less expensive protection of product improvements. However, they can still be subject to:
- Utility Model Infringement Lawsuits, similar to patent infringement cases.
- Utility Model Invalidation Lawsuits, where the registration is challenged on grounds like lack of novelty or industrial applicability.
5. Litigation Process for Foreign Investors
The typical litigation process for patent and utility model lawsuits in Turkey includes:
- Evidence Gathering – Technical reports, expert opinions, and market surveillance.
- Filing the Lawsuit – Through a local attorney registered with a Turkish bar.
- Requesting Interim Measures – To stop the infringement before final judgment.
- Court Proceedings – Submission of pleadings, expert evaluations, and witness statements.
- Final Decision & Enforcement – Court-ordered remedies and enforcement actions.
6. Practical Considerations
- Register rights early to secure protection before entering the Turkish market.
- Monitor competitors for potential infringements.
- Engage local counsel with expertise in IP litigation.
- Consider customs measures to prevent the import of infringing goods.
Conclusion
Patent and utility model lawsuits in Turkey offer robust mechanisms for enforcing intellectual property rights. With a legal framework aligned with international standards, foreign investors can effectively protect their innovations through infringement actions, invalidation claims, and utility model disputes. Proper preparation, timely filing, and experienced legal representation are key to achieving favorable outcomes in Turkish IP courts.
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