Combating Violations - IPRA Agency - Tarımda Fikri Haklar Ajansı

A. Quick and First Step Response

A.1.

Identification of Evidence

With the determination of evidence, measures are taken to prevent the loss of evidence that will help the case to be decided, and the evidence can be determined before the case.

A.2.

Precatutionary Mesures

Persons whose rights are infringed and who have filed or will file a lawsuit for this reason may request an interim injunction from the court by proving that the invention subject to the lawsuit is being used in a way that infringes their rights or that studies are being carried out for its use. According to the interim injunction decision to be issued by the court, the products causing infringement may be seized and taken under custody or the actions for production related to the invention subject to the lawsuit may be stopped. Thus, it will be possible to prevent the occurrence or increase of the damage of the right holder before the judgement, which may take a long time, is concluded.

A.4.

Seizure

As a result of the final decision of the court or the interim injunction that may be issued, the materials produced as a result of infringement of the right and the tools used directly in their production can be seized anywhere within the borders of Turkey.

A.5.

Customs Intervation

The detention of goods that infringe the rights of the right holder or the suspension of customs procedures is carried out by the customs authorities upon the request of the right holder or its representative. What will happen to the materials seized at customs will be determined by the decision rendered as a result of the lawsuit.

Damaging Stages

B.1.

Action for Cessation of Infringement

The person whose rights are infringed may request the court to stop the acts of infringement. If the infringement has not yet started but the danger of infringement has arisen, a lawsuit for the prevention of infringement can be filed, as well as a lawsuit for the cessation of infringement can be filed to stop an ongoing act of infringement.

B.2.

Action for Removal of Infringement

In order to file this lawsuit, the infringement of the right must have occurred and its consequences must have emerged. This lawsuit aims to return to the situation before the infringement. For this purpose, the following requests can be made: Confiscation of the infringing material, granting the right holder the right of ownership over the confiscated material, changing the shape of the confiscated material and tools or their destruction.

B.3.

Action for Monetary Compensation

In order to compensate the right holder for the material losses incurred as a result of acts involving infringement of the right holder's right - although it is mostly requested within the infringement lawsuit - a material compensation lawsuit may be filed. Not only the actual damage incurred, but also the deprived profit can be claimed in material compensation cases.

B.4.

Moral Compensation Case

In the event of infringement of the inventor's right regarding the invention, which constitutes the result of the researches and efforts of the right holder for many years, it is possible that the moral damage of the right holder may also arise. In this case, an action for non-pecuniary damages may be filed against the infringers, although it is usually claimed within the infringement action.

B.5.

Actions For Reputational Damage

Apart from the pecuniary and non-pecuniary damages requested in infringement cases, if the bad production of the products produced as a result of infringement affects the reputation of the patent right holder, reputational damages may be requested as an additional compensation.

C. c. Interference In The Registration Of Similar Varieties

01.

Objection

In the event that the application for inventor’s right contains identity or high similarity with an existing invention, the objections to be made to this application are made to the Turkish Patent and Trademark Office within six months from the date of the announcement of the patent grant decision in the Bulletin. Objections are made on the grounds that the invention is not new or applicable to industry or that it does not contain an inventive step. In particular, objections to patent applications that are not considered to be different from one’s own invention are important for the right holders to protect their inventive rights.

02.

Invalidation

A lawsuit may be filed against a patent right for the invalidation of the patent right in cases where it is understood that the patent to which the inventor’s right is established does not meet the conditions of novelty, industrial applicability, inventive step or does not meet the conditions of patentability at the application date. In this way, it will be possible to eliminate the patent right retroactively as if it had never been born.