1. What are the most effective ways for a European patent holder whose rights cover your jurisdiction to enforce its rights in your jurisdiction?
If a European patent owner successfully validates its patent in Turkey, it enjoys the same rights as a conventional Turkish patent holder. Thus, it has several options to enforce its rights, the most common of which are:
- sending a cease and desist letter (preferably via a Turkish notary, although this is not mandatory);
- initiating civil and/or criminal proceedings before the courts;
- requesting an interlocutory injunction before or together with civil court proceedings; and
- obtaining border seizure at Customs and then initiating proceedings.