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Law and Justice Review

Yıl 2011 , Cilt 1 , Sayı 2

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Makale özeti
Başlık :

Invalidation of patent rights

Yazarlar :
Yazar kurumları :
Court of Izmir1
Görüntülenme :
Özet Türkçe :

Principles of the EU law on the invalidity of patents and the related trea-ties on this subject are similar to the provisions of Turkish legislation. But there is no centralized competent court that hears the invalidity dis-putes. So, the ordinary civil courts of first instance, and the same specia-lized civil court of first instance if any, is competent to hear both the in-validity disputes as well as the other civil cases. In a penal case however, the Judge has to find the concrete reality and evaluate the inter partes evidence about the patentability of the said in-vention. This is a limited search for the truth in respect to the alleged offense. Patent is an expected return on investment made in research and devel-opment and an incentive for innovative work. However, the balance be-tween the interests of the right holder and of the community in general has to be considered with utmost care.

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