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ARTICLE · 27 FEBRUARY 2019

Mandatory Mediation Introduced For Patent Disputes In Turkey

Gün + Partners
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Mediation is not obligatory for requests for preliminary injunctions.

TurkeyIntellectual Property

As per Article 20 of the Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements Code, Article 5/A was incorporated into the Turkish Commercial Code on 1 January 2019. The article introduces mandatory mediation for claims involving commercial receivables. The new provisions do not apply to pending lawsuits before first-instance courts, regional civil courts or the Court of Cassation.

Applications for mediation must be finalised within six weeks of appointing a mediator – this period can be extended by two weeks only under exceptional circumstances. Mediation is necessary for patent-related disputes that deal with the following:

  • payments and damage compensation;

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