Patent Hakkına Tecavüz Halinde Tazminat Davaları

Abstract

To provide the patent right with effective protection, the international conventions we are a party to and the Industrial Property Law No. 6769, which has compatible provisions with the international conventions, stipulates the legal protection methods to prevent and stop acts which constitute infringement and to compensate for damages incurred due to infringement. The damage that occurs due to patent infringement can be material and moral, as well as in the form of "loss of reputation", which is a damage specific to Industrial Property Law. The liability for compensation arising from the infringement of patent right is accepted as a tortious liability. In this context, the existence of the conditions (unlawful act, fault, damage, and causal link) in Article 49 of the Turkish Code of Obligations No. 6098 will be sought in order to be entitled to claim compensation due to infringement.