Akkas & Associates Law Firm is one of the most-active IP law firms in Turkey in all aspects of intellectual property litigation. Our intellectual property litigators have been involved in many of the cases that have defined the scope of intellectual property rights. Our Litigation section today carries on the traditions of over 25 years of courtroom practice, representing clients in a broad range of commercial and IP lawsuits including; trademark appeals, opposition, patent cancellation, and trademark cancellation, renewals, assignment, monitoring, search, and licensing.
Our Turkish intellectual property lawyers also represent our clients in other IP law issues including; IP counseling, patent transactions, licensing, assignment, franchising, patent due diligence, patent infringement analysis, IP litigation including infringement, dilution cases, and counterfeiting. Our attorneys also represent our clients before Turkish Patent and Trademark Office for patent, trademark, design patent law, and utility model applications, appeals and oppositions as well.
IP Litigation is the strength of our practice and foundation for the firm’s success. Winning an IP case is the product of experience and the execution of a skillful, balanced strategy. In IP litigation, Akkas & Associates capitalizes on its attorneys’ experience in having filed and prosecuted hundreds of trademark, patent, and copyright applications. Our teams of IP attorneys and trial lawyers have litigated all types of intellectual property matters in Turkish IP courts and the Supreme Court.
Turkish Patent Cancellation Law Suits
Ata Patent Inc. handles patent registration, opposition against a patent application, and patent infringement law suits for a wide range of companies. We draw on our significant experience and blend it with a realistic understanding of the business environment so as to wisely, but practically, apply the law to meet clients’ patent needs to yield commercially viable solutions. Further, we manage our patent practice with a team of skilled lawyers and legal assistants in order to provide our clients with customized, client-focused services that are prompt, proactive, and value-added.
Patent cancellation law suits have several grounds. However, these cases are usually filed for reasons of prior usage or registration. Except for the reason of non-usage, the burden of proof is always on the plaintiff. The disclosure of evidence covering prior usage also becomes important before filing the lawsuit.
The partial or total invalidity of a registered IP right may be requested from the Civil IP Courts or other civil courts of the first instance where specialized courts have not yet been established. The competent court for these cases is that of the domicile of the defendant who is the owner of the registered IP right in question.
Patent Cancellation Litigation
Apart from patent conflicts, cancellation cases mostly stand on the lack of novelty in patents and designs. The disclosure and evaluation of evidence by specialized attorneys who have a technical background in related matters is the leading fact in such actions. Evidence must be very strong in order to prove that the design and/or patent do not meet the protection requirements of novelty, individual character, inventive level and industrial applicability, among others.
Some established decisions of the Supreme Court are also being criticized. One of the most highlighted decisions concerns the recognition of the use of a registered IP right as legal and the prevention of the claim of unfair competition and compensation until the invalidation. This means that someone who registered an IP right without an examination, and somehow without objection, will have the right of usage until the end of the cancellation case, which may last for three years, including an appeal period. As this causes an unfair situation for unregistered right owners against bad faith registrars, the Supreme Court’s point of view is being widely criticized by practitioners, who say that these decisions are encouraging bad faith registrations.
Reach our Patent Cancellation Lawyers in Turkey
Since its foundation in 1992, Akkas & Associates Turkish Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized IP law practice, our firm is now one of the leading Turkish IP Litigation law firms in Istanbul, Turkey. You may reach our patent cancellation lawyers in Turkey through our Contact page.