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ARTICLE · 08 OCTOBER 2020

How Will The Amendments To The Code Of Civil Procedure Affect The Patent Litigation?

The Law on Amendments to the Code of Civil Procedure and to Other Regulations no. 7251 has entered into force with its publication in the Official Gazette on July 28, 2020 bringing...

TurkeyIntellectual Property

The Law on Amendments to the Code of Civil Procedure and to Other Regulations no. 7251 has entered into force with its publication in the Official Gazette on July 28, 2020 bringing significant changes to the Code of Civil Procedure ("CCP") no. 6100. The newly introduced amendments will have impact on patent litigation.

The party which does not comply with the preliminary injunction decision can be sentenced up to 6 months imprisonment.

The CCP used to involve a provision (Art. 398) sentencing individuals not complying with the execution order of the preliminary injunction (PI) or acted against the PI decision to a disciplinary imprisonment until November 20, 2019,

The Constitutional Court however decided that the provision goes against the principle of legal certainty and the right to appeal, and therefore cancelled the relevant provision. You may find our article on cancellation of Art. 398 of the Procedural Code hereunder.

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