A decision last year ruled that invoking the exercising rights arising from a registration certificate is not always lawful. The Council of Appellate Circuits of the Turkish Court of Appeals awarded damages to a party on the basis of another party registering an industrial design with the TPI in bad faith.
For several years, party X manufactured and sold PVC pipe clips used in conjunction with rainwater down-pipes. The PVC pipe clips are commonly used in the market. Party Y held an industrial design registration for the same PVC pipe clip with the Turkish Patent Institute (TPI).
The legal actions leading up to the Council of Appellate Circuits’ decision were as follows:
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
Design, design registrations, bad faith, TPI, Council of Appellate Circuits of the Turkish Court of Appeals