LEGAL PROCEDURE AND CLAIMS RISING FROM INFRINGEMENT AGANIST PATENT RIGHTS
In case of an infringement aganist a registered patent, the owner of the patent has rights mentioned below in order to protect the patent;
- Filing a suit in order to stop infringement: This is demanded in order to stop the continuing infringement. As it is not a condition for the defendant to be faulty, this suit can be brought by the licensee, too.
- Filing a suit in order to overcome an infringement: The intent by bringing this suit is the removal of the results of the infringement, not a stoppage or prevention.
- Actions for compensation:
Actions for pecuniary damages:This is an actio in order to remove tangible damages and to compensate the lost profit caused by the infringement.
Actions for non-pecuniary damages: It is intended to remove the negative results in the commercial- personal assets of the patent owner caused by the infringement.
Compensation regarding to dignity: Owner of the patent can also demand for compensation if the dignity of the invention subject to the patent is harmed because of the improper use and unqualified production made by the violator causing infringement.
- Motion for preliminary injuction: The owner of the patent can demand for a motion for preliminary injuction in case of an infringement aganist his/her patent rights. Motion for preliminary injuction can be demanded before bringing a lawsuit, during the lawsuit or after the lawsuit. Motion for preliminary injuction is inspected apart from the lawsuit.
- File a criminal action: Owner of the patent has the right to file a criminal lawsuit aganist the violators under the regulations of the Patent Decree when actions causing infringement are performed
