Patents provide proprietary right and legal protection for the countries where they are registered in accordance with the patent law.
If you have no registration in Turkey, your patent is not protected legally.
If your product is not registered in Turkey, you may have difficulty in legal terms.
Unfortunately, imitation has been a sector in Turkey. Those making an imitated production are in the form of extremely professional criminal organizations and thus they know the gaps in the Law and Turkish Patent Institute practices well.
An international INNOVATION SEARCH is conducted to obtain Patent registration for a product. HOWEVER, the INNOVATION SEARCH is not required for Utility Model registration for a product!
However, the Patent and Utility Model provide the same legal rights legally. The biggest difference between them is their protection periods (Patent with Examination provides protection for 20 Years and Utility Model provides protection for 10 Years).
Imitators register trademark, design and Utility Model of the product to be imitated by them in their own name when they detect that it is not registered in Turkey.
In malevolent registrations, exactly same technical specifications and forms are usually used and registrations are obtained with minor changes and additions sometimes.
Once all Intellectual and Industrial rights are legally registered in the name of malevolent imitators, it would be disadvantageous for you to carry out commercial activity in Turkey.
You may sell your product in Turkey by permission of the malevolent registration owner or you should have the registration canceled.
The important matter in the actions for nullity; Proving to the Court and Technical Experts that the real right owner is not the registration holder and that the Registration in Turkey is malevolent.
In the imitated registration in particular, if some changes were made in the product specifications and form, important problems are suffered in respect of proof. Attorneys who do not actively engage in patent registration are insufficient in this respect although they have knowledge in respect of the patent law.
It is important for infringements in the field of Pharmaceutical Patent to be prosecuted by specialized Attorneys.
Most of the products registered in Turkey are produced by dealers; your dealer or partner in Turkey may have registered your trademark and product in its own name without your knowledge!
Once your commercial relation with your Turkish dealer and partner terminated, you may unable to use your trademark and product in Turkey.
In this case, bad faith is obvious and it is possible to get a positive result with an action for nullity/cancellation.
It is required for Attorneys to know the patent registration process and TPE practices to get a positive result in any patent actions to be brought in Turkey.
Our Attorneys act as a Trademark and Patent Attorney in the TPE and they also act as an Expert towards the Turkish Courts and Administrative Authorities.
Our Law & Patent Office has been providing an Attorney and Consultant service in the Actions for Nullity of patent since 1997.