Akkas & Associates is one of the most-active IP litigation law firms in Turkey in all aspects of intellectual property litigation. Our Litigation section today carries on the traditions of over 30 years of courtroom practice, representing clients in a broad range of commercial and IP lawsuits including Turkish Patent Cancellation Law Suits. Our intellectual property litigators have been involved in many of the cases that have defined the scope of intellectual property rights.
Akkas & Associates Law Firm is a globally recognized Turkish patent law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish patent lawyers help clients obtain, protect and enforce intellectual property rights; patents, trademarks, design patents, and copyrights in Turkey.
The skills and backgrounds of Akkas & Associates patent attorneys are particularly well suited to aid clients in the IP law practice area. Our IP attorneys are licensed to practice before the Turkish Patent and Trademark Office and European Patent Office. Their technical expertise is balanced with considerable litigation and business experience.
Our Turkish patent lawyers provide a broad range of patent services including; Turkish patent application, registration, and protection such as IP litigation, appeal, opposition, cancellation, assignment, monitoring, search, and licensing. Our attorneys also represent our clients in PCT national phase entries in Turkey, European Patent validation, and patent annuities in Turkey.
Turkish Patent Cancellation 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.
Patent cancellation lawsuits 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.
IP Litigation is the strength of our practice and the 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.
How to Cancel IP Rights in Turkey?
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.
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 Turkish Patent Cancellation Law Suits
Akkas & Associates is a solution-oriented IP law firm that empowers clients to meet the diverse and changing demands of today’s intellectual property law. Since 1992, our patent & trademark lawyers have been helping clients with complex legal challenges and maximizing opportunities for success.
Our law firm is now one of the leading Patent law firms in Istanbul, Turkey. You may reach us for Turkish Patent Cancellation Law Suits Lawyers through our Contact page.