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 appealsoppositionpatent cancellation, and trademark cancellationrenewalsassignment, 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.

Turkish Patent Infringement Law Suits

Akkas & Associates 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.

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 Infringement Law Suits

Patent Infringement Lawsuits

Sorts of patent infringement lawsuits varies depending on the concrete cases. It might be deemed as either a ”direct infringement”, “contributory infringement” or “inducement of infringement”. The burden of proof is often on the plaintiff, it means the patent holder must prove that the defendant; made, used, sold, induced, offered for sale or imported a claimed invention.

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.

A patent holder that prevails in a patent infringement case is entitled to two important remedies: an injunction, and damages. Patent holder who prevails at trial can ask the court to prevent the defendant from further infringing upon the patent. It is important to note that in some circumstances, patent holder can obtain an injunction before the trial begins. Likewise, courts have the power to award money damages to fully compensate the patent holder for any damages it has suffered as a result of the infringement.

In this context, there is a crucial statement have to be made that some established decisions of the Supreme Court are being criticized in the law doctrine. 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 us for Turkish Patent Infringement Law Suits

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 Turkish patent infringement law suits lawyers through our Contact page.