PATENT REGISTRATION IN TURKEY - PATENT LAW

PATENT RIGHT PROCEDURES

A) Civil suits

•          1. Stop of PATENT violation acts,

•          2. Suit for elimination of violation

•          3. Suit for prevention of violation

•          4. Suit for detection of violation

•          5. Indemnity suits

•          1. Material indemnity suit

•          2. Moral indemnity suit

•          3. Credit indemnity suit

•          6. Evidence fixing

•          7. Seizure

•          8. Ownership rights on products

•          9. removal and destruction of marks

•          10. Serve of award to the concerned parties, announcement and disclosure to public via publication

•          11. Interim injunction

•          12. seizure of products at customs authority if exported or imported

B) Penal liability

•          There is no penalty in case of infringement of patent in Turkish Patent Law. But  according to Turkish Trade Law  penalties to be imposed in case of patent right violations may vary subject to action, act and involvement in crime.

C) Penal liability:

I- Punishable acts:

Section 64. I- Anyone who commits wilfully the acts of unfair competition indicated under Paragraphs I; 2, 4, 5, 6, 8 and 9 of Section 57;

2- Anyone who intentionally supplies untrues or deceitful information regarding his personal situation, his goods, the products of his work, his commercial activity and his business so as to have his proposals and offers preferred to those of his competitors;

3- Anyone who seduces employees, agents and other assistants in order to get them to disclose the trading and manufacturing secrets of his employer or principals;

4- Anyone who learns from employers or agents that their worker employees or agents commit an act of unfair competition liable to be punished, when doing his work, and does not prevent this act or does not rectify statements contrary to truth; Shall, on a complaint made by one of those who are entitled to bring a civil action under section 58, be sentenced by the criminal court to imprisonment for a term of one month to one year or to a fine of 500 to 1.000 liras, or to both penalties. Anyone who continues the act of unfair competiton, unchanged or with accessory changes, not withstanding the final judgment concerning the prohibition of unfair competition shall be liable to imprisonment for a minimum term of six months and to a heavy fine of 5.000 to 10.000 liras and the offender shall be prosecuted ex officio. II- Penal liability of legal entities:

Section 65. If an act of unfair competition has been committed when doing the work of legal entities, the provision of Section 64 shall apply to partners or to the members of the organ having acted or who should have acted on behalf of the legal entity. The legal entity is, however, liable to the fine and to expenses jointly with these real persons.