Pre-Emptive Declaratory Judgments To Determine Whether Intellectual Property Infringement Exists In Turkey

Many years of intensive research and development activities are required to build solid and commercially profitable intellectual property assets. Companies invest substantial time and resources in technologies, design, research, and development to ultimately produce these intangible assets. Such assets are central to companies maintaining and enhancing their market position. Thus, companies adopt a range of measures to protect these intellectual property assets, including declaratory judgments described below.

Declaratory Judgment Actions to Determine Non-infringement

Obtaining a declaratory judgment in which a court determines that infringement has not occurred ("non-infringement determination") is a key pre-emptive defensive measure for protecting intellectual property. Sector-leading companies invest heavily in developing intellectual property rights. Therefore, it is common for these companies to also become embroiled in patent and trademark litigation wars to