Claims and Requests For The Patent Owner

Rights holders against patent infringement; 6769 of the Industrial Property Law. Pursuant to the provision in the article 149.  can make the following requests from the court:

  1. a) Determining whether the act is violation
  2. b) Preventing possible violation.
  3. c) Stopping the acts of violation

ç) Abolition of the violation and compensation for material and moral damages.

  1. d) Confiscating the products that produce rape or punishment and the devices, machinery and equipment used exclusively in their production, in a manner that does not preclude the production of products other than violated products
  2. e) Providing the right to ownership of the confiscated products, devices and machines.
  3. f) Taking measures to prevent the rape from continuing, and to change the shapes of the products seized in accordance with paragraph (d) and to the devices such as devices and machinery, especially if the infringer is inevitable to prevent the infringement of industrial property rights or to prevent infringement of industrial property rights.
  4. g) In case of a justified reason or interest, the final decision, with the expenses of the other party, being announced in full or in summary by daily newspapers or similar means or notified to the concerned persons.

The persons who commit the infringement of the Industrial Property right are obliged to compensate the damage of the right holder. The provisions of the Law no. 6769 Article 151 of the same Law. As stated in the article, the loss suffered by the right holder includes the actual loss and the deprived gain.

The deprived gain is calculated by one of the following assessment procedures, depending on the choice of the injured right holder:

  1. a) The potential income that the beneficiary could obtain if there was no competition from the infringer of the industrial property right.
  2. b) Net gain from infringers of industrial property rights
  3. c) The license fee that is required to be paid by the person who has infringed the right of industrial property to use this right in accordance with a license agreement.

(3) Factors such as the number, duration and type of licenses related to the industrial property right during the rape or the economic importance of the industrial property right, and the nature and extent of the violation shall be taken into consideration in the calculation of the deprived earnings.


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