Recent reports in the Turkish press claiming that Warner Bros. has filed a lawsuit against Fenerbahçe footballer Kerem Aktürkoğlu for using the nickname “Harry Potter” on the pitch and in social media content, as well as for performing a goal celebration allegedly referring to the fictional universe created by J.K. Rowling, have once again brought to the forefront the intersection between intellectual property law, popular culture, and sports. These developments have reopened…
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The prohibition of double patenting is a fundamental principle in patent law that aims to prevent obtaining multiple patent protection for the same invention. This prohibition is intended to prevent both the granting of a second patent for the same invention (narrow sense of double patenting) and the effective extension of the protection period through applications that are not substantially different from each other and contain the same invention idea in terms of technical…
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One of the most complex types of disputes encountered in the field of pharmaceutical patents is compensation lawsuits arising from unjust preliminary injunctions. These compensation lawsuits require meticulous assessment from the perspective of both procedural law and substantive law. Especially, because of the controversies over the nature of fault-based liability arising from the ambiguities in the wording of Article 399 of the Code of Civil Procedure (“CCP”), and where…
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Undoubtedly, the initiation of patent infringement actions by patent holders for the purpose of protecting their exclusive rights, as well as the notification of third parties outside the proceedings who are suspected of involvement in infringing activities, fall within the scope of the rights conferred by patent law. Nevertheless, particularly in disputes between originator and generic pharmaceutical companies, the boundary between the exercise of patent rights and the…
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Implementing legal limitations on the use of social media by children has been the topic of ongoing debate around the world for some time now. Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651/ Internet Law”) contains many provisions regulating online services used by millions every day. The main objective of the Law was to stipulate quick and effective provisional measures against illegal…
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A Turkish case highlights the importance of Article 138(3) when patent claims are amended during an invalidation action, say Selin Sinem Erciyas, Aysel Korkmaz Yatkın, and Bengü Şen Gürakan of Gün + Partners
Pursuant to Article 138(3) of the European Patent Convention (EPC), a patent proprietor is entitled to limit the patent by amending the claims in proceedings before the competent court or authority relating to the validity of the European patent. According to the same…
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