What Is Patent Law?
The legal defense of innovations is the focus of the area of intellectual property law, also known as patent law. It gives creators and inventors the only right to use their creations for a limited span of time, usually 20 years from the day the patent application was submitted. These exclusive rights provide the patent holder the power to regulate the production, use, sale, and distribution of their creation. They also give them the right to sue anybody who tries to produce, use, or market the invention that they have patented without authorization.
What are the key aspects of patent law? let’s find out:
Innovation: An innovation must be new, obscure, and practical to qualify for a patent. It can include a broad range of innovations, such as new goods, procedures, tools, and even specific kinds of plants and genetically modified creatures.
Exclusive Rights: After receiving a patent, the inventor has the sole authority to produce, use, and market the patented invention. Without the intellectual property holder’s consent, others are not allowed to make, use, sell, or import patented innovation.
Patents are only valid for a certain amount of time, normally 20 years from the date the patent application was filed, though this might change based on the kind of patent and the laws of the country. After the patent runs out, the creation becomes freely usable to everyone and belongs to the public domain.
Patent types: include utility patents, which cover novel and beneficial inventions, design patents, which cover ornamental designs, and plant patents, which cover novel and distinctive plant varieties.
Application and Examination: An innovator, or their legal agent, must apply for a patent to the appropriate government license office to be granted a patent. This application is assessed to see if the idea satisfies the requirements for obtaining a patent.
Disclosure Requirement: Inventors must fully disclose their innovation in the patent application to receive the exclusive rights provided by a patent. This disclosure adds to the corpus of information held in the industry.
Global Protection: In general, patents are territorial, which means that they are only valid in the nation or area in which they are awarded. However, there are international agreements that simplify the procedure for getting patents in numerous nations, such as the Patent Cooperation Treaty (PCT).
Enforcement: It is the duty of patent owners to carry out their own patent protection. If a patent is violated, the owner of the patent has the right to file a lawsuit to seek redress and stop the infringing act.
What Are the Sources in Patent Law Regarding Turkey?
The main sources for Turkish Law in Turkey are:
-Regulation on the Implementation of the European Patent Convention Regarding the Grant of -European Patents in Turkey.
-Industrial Property Code No. 6769 (IP Code).
-Regulation on Employees’ Invention, Inventions Realized in Higher Education Institutions and Inventions realized as a Result of Publicly Funded Projects.
-Regulation on the Implementation of the IP Code.
-Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey.
All Turkish patents, including technology and medicinal ones, are subject to the laws.
Nearly all international agreements governing intellectual property have Turkey as a signatory, including the:
-Strasbourg Agreement Concerning the International Patent Classification 1971.
-Paris Convention for the Protection of Industrial Property 1883 (Paris Convention).
-Patent Cooperation Treaty 1970 (PCT).
-European Patent Convention 1973 (EPC).
-WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS).
These agreements are foundations for patent law because they are immediately effective in Turkey.
According to Article 90 of the Constitution, the requirements of international accords have precedence over national legislation pertaining to basic rights and freedoms in cases where they conflict.
Where Do You Defend Your Patent?
Before specialized IP courts, a patent may be enforced. Only in big cities like Istanbul, Ankara, and Izmir are IP courts to be found. A patent can be enforced by a city’s civil courts of first instance if that city does not have an IP court.
The judges of IP courts are experts in IP law but lack technological training. As a result, the technical components of patent disputes are managed with the aid of technical experts who have been designated by the court. The technical analyses of these court-appointed experts are taken into consideration when the IP courts make rulings.
For proceedings brought by a holder of an IP right against a third party, one of three courts may be considered competent:
The court of the place where the infringing act was carried out.
The court of the place where the act of infringement produced its effects.
The court of the domicile of the claimant.
An infringement action does not automatically determine if something is unlawful or unenforceable. Only when the defendant asserts an invalidity or unenforceability defense can the courts address invalidity.
The defendant in an infringement lawsuit may file an invalidation action as a counterclaim inside the infringement action or as an additional case. Most of the time, the court handles both the invalidity and infringement matter concurrently.
Like this, an alleged infringer may argue as a defense in an infringement lawsuit that the patent owner cannot use its patent rights against them. However, if a claim of infringement has already been made against the suspected infringer, the patent owner cannot request a finding of non-infringement versus them (Article 154, IP Code).
Owners of rights have the option to represent themselves in court and before the Turkish Patent and Trademark Office. Only licensed attorneys may represent parties before courts, except for right holders. To represent a party before the Patent and Trademark Office, a patent/trademark lawyer must be licensed with that office.
The language of the proceedings before the Turkish courts and the Patent and Trademark Office is Turkish and there is no choice of language.
The judgments or opinions of courts in foreign countries are not binding on Turkish courts. However, they are allowed to take these choices or ideas into consideration or not.
Turkish courts heavily rely on judgements and opinions issued by the European Patent Office (EPO). Additionally, Turkish certification of a European patent under the EPC is valid and subject to the EPO’s rulings on European inventions.
Appeal Procedure
A three-tiered court system was implemented with the appeals system, which went into effect on July 20, 2016. The district courts now have jurisdiction over all final judgments made by the courts of first instance, and the courts of appeal will hear appeals from those decisions. Decisions made by the district court on preliminary injunctions are final and cannot be challenged to the court of appeals.
District courts have the authority to review the case on the merits and for procedural violations. Although it is not frequently done in practice, district courts have the authority to request an expert investigation of the issue.
The merits of the judgement are not considered by the court of appeals; rather, it just considers whether the law was applied appropriately.
In theory, municipal court rulings are valid once they are made and are not suspended pending the outcome of an appeal. But until they are finalized, decisions involving property rights, particularly intellectual property rights, cannot be put into effect. Therefore, the enforcement of a court ruling involving an IP right will be suspended if an appeal is filed.
Conclusion
In conclusion, patent law serves as a backbone of creativity, giving creators and innovators the critical security, they require to materialize ground-breaking concepts. It encourages innovators to put time, money, and creativity into their creations by giving exclusive rights for a certain period, which eventually benefits society as a whole. However, given the intricacies of patent law, including the demanding examination procedure and the requirement for attentive enforcement, it is crucial to get legal advice in this area. Patent law is still a dynamic and developing field that adapts to new problems while preserving the intellectual property that drives development and economic prosperity.
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