August 26, 2004

By Berrin Kalenderli, Patent and Trademark Attorney

The unauthorized extension of the scope of a license by the licensee will not constitute a crime according to the recent decision of the Constitutional Court.

The Constitutional Court has recently ruled to the cancellation of paragraph 4 of Article 165 of the Decree Law no. 551 pertaining to the protection of the Patents and Utility Models which provides that :

“In order to qualify to request the invalidation of the utility model certificate, third parties suffering damage/prejudice and the interested official authorities/bodies must have raised opposition in compliance with the provisions of Article 161.”

The Constitutional Court motivates its decision in that a restriction on the right to institute a court action can not be effected through a Decree Law since the enactment regarding to the regulation of the right to institute a court action which is a constitutional right can only be effected through an Act.