Europe

In principle, a court order rendered in a country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences in Turkey, this decision needs to be legally recognised and enforced by Turkish courts. The regulations regarding the recognition and/or enforcement of foreign court decisions are stipulated between Article 50 and 59 of the International Private and Civil Procedure Code (IPCPC) numbered 5718 which sets the legal conditions for the recognition and enforcement of foreign court decisions.

The new trademark law implementing the EU Directive has been applicable since December 11 and has introduced important changes.

Although there are several and severe restrictions due to COVID-19 in Greece, which inevitably affect trademark practice in relation to both prosecution and litigation, there is some good news in the field. The new law on trademarks has come into force, implementing Directive (EU) 2015/2436.

Indirect infringement is not explicitly dealt with in the Turkish IP Law. However, the legislator confers, via Article 86 of the Industrial Property Code (IPC), a right to the patent holder to prevent third parties from supplying essential elements of the invention to unauthorised people, which will eventually lead to the working of the patented invention. In order for this provision to be implemented, third parties must be aware that these elements or instruments are sufficient to work the invention, and should be aware that they will be used for this purpose, or this situation should be clear enough.

A trademark application for Class 41 was filed under No 2018735958 with a priority date of August 20 2018.

In the future, it will be more difficult to obtain an injunction for patent infringement through preliminary injunction proceedings.