There is no explicit rule in Turkish Law governing the de
minimis principle. There have also not been any settled precedents
in the Turkish High Court to shed any direct light on this small
but important legal principal.
However, there have been several infringement actions in the IP
courts where the Patentee has alleged that a product differing from
the Patent's scope of protection with trifling, de minimis
differences, may still infringe the Patent. The Turkish IP
Court's approach to such allegations has so far, not been
promising for Patentees.
In one action, the pharmaceutical Patent claimed that a tablet
which included an active agent of 30% to 80% of the total tablet
weight. As a result of an inspection of the marketing authorisation
dossiers it was determined that the product had an active
ingredient of 28.18% of the total tablet weight. Although it was
alleged that the de minimis difference should not be enough for the
defendant to avoid infringement of the
