Navigating Turkish patent infringement lawsuits requires comprehensive knowledge of Industrial Property Law No. 6769, procedural expertise, and strategic litigation skills. Whether you need to enforce your patent rights against infringers or defend against infringement claims, having experienced legal counsel is essential for protecting your intellectual property interests in Turkey’s competitive marketplace.
At Akkas & Associates Law Firm, we have provided full-service intellectual property law services in Istanbul since 1992, with extensive experience in Turkish patent infringement litigation, patent prosecution, and IP enforcement. Our multilingual legal team has successfully registered more than 140 patents and represented clients in numerous patent infringement lawsuits before specialized IP courts throughout Turkey.
Table of Contents
- Understanding Turkish Patent Infringement Under Law No. 6769
- FAQs About Turkish Patent Infringement Lawsuits
- Contact us for Patent Infringement Lawsuits in Turkey
Protecting patent rights in Turkey has become increasingly crucial as the country continues to strengthen its position as a regional innovation hub. Turkish patent infringement lawsuits provide comprehensive legal mechanisms for patent holders to defend their intellectual property against unauthorized use.
Understanding the legal framework, procedures, and remedies available under Turkish law is essential for both domestic and international businesses operating in this dynamic market.
Understanding Turkish Patent Infringement Under Law No. 6769
Turkey’s patent infringement framework is governed by the Industrial Property Code No. 6769, which entered into force in January 2017. This comprehensive legislation consolidated all intellectual property rights under a single code, replacing previous decree-laws and bringing Turkish patent law into closer alignment with European Union standards.
Key Grounds for a Patent Infringement Lawsuit
A lawsuit can be initiated if unauthorized acts constitute a direct or indirect infringement of the patent owner’s rights. The law clearly defines what constitutes an infringing act.
- Direct Infringement: This occurs when a third party, without permission, produces, sells, uses, imports, exports, or keeps for sale the product that is the subject of the patented invention.
- Indirect Infringement (Contributory Infringement): This arises when a third party, with the knowledge or expectation that they are contributing to an infringement, supplies essential means relating to a patented process or product to an unauthorized party. This often involves supplying components that are uniquely suited for the infringing activity.
In a lawsuit, the patent owner must demonstrate that the defendant’s product or process falls within the scope of the patent claims. This comparison is highly technical and demands the expertise of both legal counsel and technical specialists.
The Crucial Role of IP Courts in Turkey
Turkish Patent Infringement Lawsuits are handled exclusively by specialized Intellectual and Industrial Rights Courts.
These courts, located in major cities like Istanbul, Ankara, and İzmir, are established to ensure that complex IP matters are adjudicated by judges with a profound understanding of industrial property law and technology. Their expertise is vital for navigating technical evidence and the nuances of patent claims. In other cities without a specialized court, the Civil Court of First Instance, specifically its designated commercial chamber, acts in this capacity.
This specialization streamlines the litigation process and increases the probability of technically sound judgments. For further insights into the court process, you can explore information about our Turkish IP Litigation services.
Available Remedies and Actions
Successful plaintiffs in Turkish Patent Infringement Lawsuits have access to a variety of powerful remedies, aimed at both stopping the illegal activity and compensating the patent holder for losses.
1. Cessation of Infringement
The court can order the immediate cessation of the infringing acts. This is often the primary goal, stopping the unauthorized manufacture, sale, or use of the patented invention.
2. Preliminary Injunctions
Prior to a final judgment, the court may grant preliminary injunctions to prevent imminent or continued infringement, provided there is proof of likely harm or irreparable damage. This is a swift and effective tool to stop infringement at an early stage of the litigation. Effective implementation of preliminary injunctions requires strong evidence and a well-articulated case, often benefiting from the support of a long-established firm, such as Akkas & Associates Law Firm.
3. Pecuniary and Non-Pecuniary Damages
The patent owner is entitled to compensation for losses suffered. Damages may cover:
- Actual loss of profit suffered due to the infringer’s acts.
- The infringer’s illegal profits.
- The “license fee” which the infringer would have had to pay had the infringement been a lawful, contractually-licensed use.
Furthermore, a patent owner may claim non-pecuniary damages for the damage done to their commercial reputation or the erosion of the patent’s value. The calculation of these damages can be intricate and often involves technical and financial expert testimony.
4. Seizure and Destruction
The court can order the seizure and destruction of the infringing products and the tools or machinery predominantly used to manufacture them. This measure effectively removes the infringing goods from the market and eliminates the means of future infringement.
The Turkish Patent Nullity Action
Alongside an infringement suit, a defendant often counters with a patent nullity (invalidation) action. This is a defense mechanism claiming that the patent should never have been granted because it lacked a statutory requirement, such as novelty, inventive step, or industrial applicability.
A nullity action is brought before the same specialized Intellectual and Industrial Rights Court. If the court declares the patent null and void, the patent is considered legally non-existent ab initio (from the beginning), which automatically invalidates the infringement claim. For an in-depth understanding of the registration and maintenance of your IP rights, please see our dedicated page on Turkish Patent Registration.
FAQs About Turkish Patent Infringement Lawsuits
Q: How long does a patent infringement lawsuit typically take in Turkey?
A: Patent infringement lawsuits in Turkey generally take 18 to 24 months for district courts to render first instance decisions. However, the timeline can vary significantly depending on the case’s complexity, the need for expert examinations, and whether invalidation counterclaims are filed. Appeals can extend the total duration by an additional year or more.
Q: Can I file a patent infringement lawsuit if my patent is still pending in Turkey?
A: No, you must have a granted patent to file an infringement lawsuit in Turkey. However, once your patent is granted, you may be able to claim damages for infringement that occurred after your application was published, depending on the circumstances and whether the infringer had notice of your pending patent application.
Q: What is the difference between preliminary injunctions and permanent injunctions in Turkish patent cases?
A: Preliminary injunctions are temporary measures granted before or during trial to prevent ongoing infringement and preserve the status quo. They can be obtained relatively quickly but require showing urgency and likelihood of success. Permanent injunctions are issued as part of the final judgment after the court determines that infringement has occurred, providing long-term protection against the infringing activity.
Q: Is patent infringement a criminal offense in Turkey?
A: No, unlike trademark infringement, patent infringement is not a criminal offense under Turkish Industrial Property Law No. 6769. Patent holders must rely on civil remedies including injunctions, damages, and destruction of infringing goods. This means patent enforcement focuses exclusively on civil court proceedings rather than criminal prosecution.
Q: Can I protect my European patent in Turkey?
A: Yes, European patents can be validated and enforced in Turkey. Under the Regulation on Implementation of the European Patent Convention, a European patent application designating Turkey enjoys protection and is enforceable in Turkey starting from the filing of translation of the claims with the Turkish Patent and Trademark Office or from the date the other party is made aware of the invention.
Q: What are the main defenses available to someone accused of patent infringement in Turkey?
A: The most common defense is filing an invalidation counterclaim challenging the patent’s validity on grounds such as lack of novelty or inventive step. Other defenses include prior use rights (demonstrating good faith use before the patent application date), arguing non-infringement (showing that the accused product or process does not fall within the patent’s scope), and prosecution history estoppel if the patent holder relies on the doctrine of equivalents.
Q: How much does it cost to file a patent infringement lawsuit in Turkey?
A: Official court fees at first instance are approximately 5,000 Turkish lira, excluding expert fees. Expert fees typically range from 6,000 to 15,000 Turkish lira for a three-expert committee. Additional costs include attorney fees, translation costs if dealing with foreign patents, and potential appeal fees. The prevailing party generally recovers official fees and court-determined attorney fees from the losing party.
Contact us for Patent Infringement Lawsuits in Turkey
If you are facing an infringement of your protected invention or have been accused of Turkish patent infringement in 2025, you require swift, expert legal guidance. Navigating the complexities of Turkish Patent Infringement Lawsuits under the Industrial Property Law No. 6769 and securing optimal remedies—from injunctions to substantial damages—is our core expertise. Our experienced Istanbul Patent Law Firm has a track record of successfully litigating patent cases in the specialized IP Courts.
Akkas & Associates Law Firm is ready to provide the high-quality, multilingual, full-service intellectual property representation you need in Turkey. Contact us today to strategically protect your valuable innovation and secure your exclusive rights.
