The Need For An Injunction In Cases Where The EPO Proceeding Is Held As A Pending Issue

Although there is no explicit provision in Turkish Law for the acceptance of the ongoing opposition or appeal proceedings before the European Patent Office ("EPO") as a "pending issue" due to the principle of procedural economy, in practice, pending issue decisions may be given by the Civil Courts of Intellectual and Industrial Property Rights according to the particular circumstances. As Turkey is one of the signatory countries to the European Patent Convention, upon the issuance of a revocation decision regarding a European patent, the patent's validation before TÜRKPATENT is also revoked. Therefore, the revocation decisions rendered by the EPO are binding for Turkey. In addition, based on the principle of procedural economy set out in Article 30 of the Code of Civil Procedure ("CCP"), which governs the proceedings, and taking into account that EPO decisions are also binding and the EPO may revoke the patent, it may be decided to postpone the proceedings before the