Ata Patent is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent has assembled an expert team of Turkish IP trial lawyers to help clients obtain, protect and enforce intellectual property rights including; patent cancellation lawsuits, Turkish patent application, registration, protection such as IP litigation, appeal, opposition, cancellation, assignment, monitoring, search, and licensing.
IP matters can be confusing, even for seasoned business owners. Ata Patent is here to cut through the complexity and offer guidance. We offer client-centric representation to a wide range of businesses and individuals, including those who are looking to secure their intellectual property or who are concerned about violating trademarks. In today’s world, intellectual property is extremely valuable — now more than ever before. Brands can now reach a global consumer base with a simple click of the button online, thus enhancing the inherent value of business trademarks and copyright. With the years of experience of our accomplished litigation attorneys, our firm has the ability to effectively represent our clients’ interests in a variety of IP litigation matters.
At Ata Patent, it is our firm philosophy to develop personal working relationships with our clients, which enables us to provide responsive and effective legal services. We work with clients to ascertain that our legal services are appropriate to their interests. From the outset of our handling of each matter, we assist our clients in analyzing the risks, benefits, and costs associated with each legal transaction.
It is the goal of the firm members to provide timely and effective legal services in each legal matter for which we are retained. We pride ourselves on putting the interests of our clients where they should be – first and foremost.
Patent Cancellation Lawsuits in Turkey
Ata Patent handles patent registration, opposition against a patent application, and patent infringement lawsuits 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.
The partial or total invalidity of a registered IP right may be requested from the Civil IP Courts or other civil courts in 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 recognizing the use of a registered IP right as legal and preventing 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 rights 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 us for Patent Cancellation Lawsuits
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management. We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, and litigate in IP courts and before TPTO.
Ata Patent attorneys not only prosecute but also litigate patents, giving you a distinct advantage. Rather than merely process a patent, our attorneys anticipate evolving trends and assess the likelihood of future litigation. We scrutinize the marketplace, continually staying abreast of changes affecting a client’s business. For a free consultation, you may reach our IP litigation attorneys for patent cancellation lawsuits by sending an e-mail or through our Contact page.