Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 OCTOBER 2020

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

Deris Attorney At Law Partnership
Explore more from Deris Attorney At Law Partnership

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
Soley Çoban
Soley Çoban
Author LinkedIn connections

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.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Intellectual Property Protection In Turkey 2026

This article examines the protection of patents, utility models, designs, copyright and related commercial interests in Turkey. It considers territorial protection, filing routes, ownership, employee and commissioned works, licences, infringement, interim remedies, customs measures and the evidence needed for enforcement. The judicial authorities cited in the text illustrate the importance of identifying the particular right and the person entitled to enforce it.
TurkeyIntellectual Property
ONGUR & PARTNERS
ONGUR & PARTNERS
Article

Contractual Protection Of Trade Secrets And Confidential Information: Non-Disclosure Agreements (NDAs) In Light Of Turkish Law Of Obligations And Court Of Cassation Jurisprudence

In the global economic order, as information has become a more strategic form of capital than tangible assets, the legal mechanisms designed to protect it have necessarily evolved. Non-Disclosure Agreements ("NDAs") function as the legal safeguard of trust at every level of the commercial ecosystem, from a simple business meeting to multi-billion-dollar mergers and acquisitions ("M&A") transactions.
TurkeyIntellectual Property
Fidanci & Esin Partners
Fidanci & Esin Partners
Article

Intellectual Property Protection In Mobile Games: Where Does Inspiration End And Infringement Begin?

Türkiye has established itself as one of the leading players in the global mobile gaming industry. According to various industry reports, the Turkish mobile gaming market's volume surpassed USD 1 billion in 2025[NF1.1], while Turkish-based [NF2.1]studios such as Peak Games, Gram Games, Rollic Games and Dream Games have achieved remarkable international success. As the industry continues to expand, so do the legal questions surrounding the creation, commercialisation and protection of mobile games.
TurkeyIntellectual Property
Ozdirekcan Dundar Senocak Ak Avukatlik Ortakligi
Ozdirekcan Dundar Senocak Ak Avukatlik Ortakligi
Article

The Silent Crisis In Trademark Law: Inconsistencies In Actions For The Cancellation Of Higher Board Decisions

Actions brought against decisions rendered by the Re-Examination and Evaluation Board (“Higher Board”) concerning trademark applications constitute an important part of Turkish trademark law practice. In practice, particularly in actions brought following the refusal of an opposition filed by the owner of an earlier trademark, it is common for plaintiffs to seek not only the cancellation of the Higher Board decision but also the invalidation of the trademark at issue if it is registered during the proceedings.
TurkeyIntellectual Property
Gün + Partners
Gün + Partners
Article

The Duty Of Disclosure Before The U.S.P.T.O.

In contrast to practice before the Turkish Patent Institute (TPI), the European Patent Office (EPO), the Korean Intellectual Property Office (KIPO), and the World Intellectual Property Organization (WIPO), which do not require any disclosure of known prior art for a patent application filing of first instance2, the United States Patent and Trademark Office (USPTO) imposes an affirmative duty on a patent applicant to disclose known and material prior art during the life of a patent application.
United StatesIntellectual Property
Deris Attorney At Law Partnership
Deris Attorney At Law Partnership