Patent Enforcement in Turkey

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Patent Enforcement in Turkey

According to the Turkish laws and regulations, the holder of patent is entitled to prevent following actions by third parties performed without permission in Turkey.

  • Production, sale, use, or importation of patented products or keeping them in possession for purposes other than for personal needs;
  • 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.
  • Use of a process that is the subject matter of the patent;

Here are the demands of the patent owners from the Law IP Courts in Turkey: 

  • To stop and prevent the violations against the rights arising from patents and utility models,
  • To confiscate the products that had been produced and exported by violation and the tools used in the manufacture of the same,
  • To eliminate the violation and to compensate the material and immaterial rights,
  • 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,
  • If it is possible, to give the property right of the confiscated products and the tools to the beneficial owner,
  • 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.