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IP, IT and Data Protection, International Litigation and Arbitration, Europe

Can the Limits of the Lawful Exercise of Patent Rights Be Narrowed by Allegations of Unfair Competition?

Undoubtedly, the initiation of patent infringement actions by patent holders for the purpose of protecting their exclusive rights, as well as the notification of third parties outside the proceedings who are suspected of involvement in infringing activities, fall within the scope of the rights conferred by patent law. Nevertheless, particularly in disputes between originator and generic pharmaceutical companies, the boundary between the exercise of patent rights and the prohibition of unfair competition frequently becomes the subject of legal debate.

Authors:

Aysel Korkmaz Yatkın, Partner
Email: aysel.korkmaz@gun.av.tr

Selin Sinem Erciyas, Partner
Email: selin.erciyas@gun.av.tr

Beste Turan Kurtoğlu, Senior Associate
Email: beste.turan@gun.av.tr