Ata Patent has assembled an experienced group of Turkish intellectual property litigation lawyers to help clients obtain, protect and enforce intellectual property rights including; patent infringement lawsuits.
IP matters can be confusing, even for seasoned business owners. Ata Patent is here to cut through the complexity and offer guidance. We offer client-centric representation to a wide range of businesses and individuals, including those who are looking to secure their intellectual property or who are concerned about violating trademarks.
In today’s world, intellectual property is extremely valuable — now more than ever before. Brands can now reach a global consumer base with a simple click of the button online, thus enhancing the inherent value of business trademarks and copyright.
With the years of experience of our accomplished litigation attorneys, our firm has the ability to effectively represent our clients’ interests in a variety of IP litigation matters.
At Ata Patent, it is our firm philosophy to develop personal working relationships with our clients, which enables us to provide responsive and effective legal services. We work with our clients to ascertain that our legal services are appropriate to their interests.
From the outset of our handling of each matter, we assist our clients in analyzing the risks, benefits, and costs associated with each legal transaction.
It is the goal of the firm members to provide timely and effective legal services in each legal matter for which we are retained. We pride ourselves on putting the interests of our clients where they should be – first and foremost.
Patent Infringement Lawsuits in Turkey
A registered patent owner may ask a Civil IP Court to make a judgment ordering the defendant to stop all infringing activities and make compensation for all damages.
The judgment of the IP Court may also include the confiscation and destruction of counterfeit products, along with machinery and other equipment used to produce the counterfeits. Interim injunctions may also be sought before or during civil infringement cases.
The owner of the IP right may seek a preliminary ex parte injunction. Evidence must be very strong to convince the judge to give such a decision without listening to the defendant. However, the courts mostly assign a special hearing date to give a decision on the interim injunction.
It is almost impossible to receive an exparte injunction apart from in unquestionable patent infringement cases.
The court may give an interim injunction ordering the suspension of the infringing acts and seizure of the counterfeits wherever they are found in the territory of the country, including customs.
The interim injunction remains valid until the end of the main case: then the judgment permanently supersedes the injunction. The interim injunction does not order a one-time seizure like a police raid in a criminal proceeding.
As it can be enforced several times in several places, the interim injunction of a civil court ordering the cessation of all infringing acts and the confiscation of all counterfeits may be recognized as the most satisfactory decision in Turkish IP litigation.
Compensation for material and moral damages can only be requested in a civil proceeding. The plaintiff has to choose one of the three options described in decree laws for the calculation of his material damages.
The most frequently chosen option is the income of the infringing party when using the owner’s IP right. Material damages may also be calculated according to the possible income of the right holder if the infringement did not exist and the license fee if the infringing act was lawful.
Turkish Criminal Infringement Actions
According to the new Articles of the criminal procedure, IP-related criminal actions are defined as public actions to which the IP right holder can join. The procedure starts with a complaint filed before the public prosecutor, including the request for the confiscation of infringing products.
If the prosecutor and/or the judge are convinced of the infringement, they order the police raid for the confiscation of counterfeits.
Police raids as part of criminal proceedings may be recognized as the quickest, and one of the most effective, remedies, along with the interim injunction to stop the infringement. An order for seizure is initiated within one or two days by means of provisions describing the complaint as urgent.
In the determination of evidence procedure, the infringer will be informed and will have the chance to hide counterfeits before subsequent raids. Contrary to this disadvantageous situation, convincing the public prosecutor and the criminal judge to order the police raid is a better path for the disclosure and confiscation of counterfeits.
Thereafter, the public prosecutor files a criminal lawsuit before the IP Criminal Courts and the accused may face up to four years of imprisonment and fines. Most criminal cases wait for the judgment of invalidity lawsuits in Turkey.
The person accused of an infringement most probably files a lawsuit for the cancellation of the related IP right. The criminal court cannot inflict a penalty until the civil court’s judgment. If the civil court invalidates the right holder’s registration, there will no longer be an offense.
That is why the criminal judges wait for the other related invalidity actions, especially for design and patent issues. Therefore, it can be said that the time period for criminal proceedings mostly depends on civil actions.
Reach us for Patent Infringement Lawsuits
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized solutions, and cost-effective project management.
We prosecute and maintain patents and trademarks across various industries and in multiple countries, and litigate in IP courts and before TPTO.