Rights and Punishments that Patent/Utility Model Registration Obtained

The holder of a patent shall benefit from the right it confers without differentiating between the place of the invention, its field of technology and whether the concerned products are imported or of domestic production.

The holder of a patent is entitled to prevent following actions by third parties performed without  permission:

a/ Production, sale, use, or importation of patented products or keeping them in possession for purposes other than for personal needs;

b/ Use of a process that is the subject matter of the patent;

c/ Offers made by third persons to others for the use of a patented process of which the use is known or should be known to be prohibited;

d/ Putting to sale or making use or importing or keeping in possession for any such purpose other than for personal needs of products directly obtained through the patented process.

 

Penalties prescribed by law

 

  • Those making false declaration with respect to the declaration or those removing, without authority the sign indicating a patent right rightfully placed on a product or on its packaging; or those falsely presenting themselves as the right holder of an application for patent or of a patent shall be sentenced to an imprisonment term of between one and two years and to pay a fine of between 14.000 Turkish Liras (fourteen thousand Turkish liras) and 27.000 Turkish Liras (twenty seven thousand Turkish liras),

  • Having committed the acts unrightfully and without authority or who should have known that they have no right to perform such actions, those transferring or placing as security or performing any other such action for utilizing any one of the rights of transfer, placing of security, execution of levy and other such rights as provisioned under Article 86 and transferring to some other person the license pertaining to such right, and those affixing signs on a product or on its packaging, produced or put to sale by own self or by others,  or on commercial documents or on advertising material in such a way that would convey the impression as if a relationship exists with patent under protection, or of using to the same effect writings, signs or expressions in the newspapers, advertisements and commercials without being the right holder of the invention under patent protection or after the expiry of the term of protection of patent or after the invalidation or after the termination of the patent on grounds shall be sentenced to an imprisonment term of between two and three years and to pay a fine of 27.000 Turkish Liras (twenty seven thousand Turkish Liras) and 46.000 Turkish Liras (forty six thousand liras),

  • Those who have committed any one of the felonies shall be sentenced to an imprisonment term of between two and four years and to pay a fine of between 27.000 Turkish Liras (twenty seven thousand liras) and 46.000 Turkish Liras (forty six thousand liras), furthermore, judgement shall be ruled to close down the premises of their undertaking for a period not to be less than one year and to prevent them from practicing any commercial activity during the same period. 

 

 
Geri