In recent years, there have been significant changes in patent law globally and also in Türkiye. Developments of the past year provide guidance for patent owners, industry and legal professionals in what to expect from patent law in 2025. The dynamic nature of patent law, technological developments, new legislative regulations and disputes in the area of patents have continued to restructure the mechanisms of patent protection.
While artificial intelligence has led the pharmaceutical industry into a new era, uncertainties still remain regarding the impact of artificial intelligence on patentability. While the European Patent Office (EPO) assesses AI-aided inventions in accordance to traditional criteria, it is inevitable that discussions on AI-aided inventions in Türkiye are expected to become more prominent in the coming days. In addition, jurisdictional disputes and anti-suit injunction decisions in international patent litigation are increasingly being discussed in the patent law ecosystem. For example, the decisions of Chinese courts to prevent patent holders from filing lawsuits in different countries through anti-suit injunction decisions are considered as a violation of TRIPS by the European Union. The validity and enforceability of anti-suit injunction decisions, the position and jurisdiction of the courts in international cases in terms of companies operating in Türkiye are also open to debate. The Unified Patent Court (UPC), which operates as a common court for European Patents, and the jurisdictional boundaries of the UPC are also one of the topics of discussion, and interesting decisions are expected to leave their mark on 2025. Although Türkiye is not a party to the UPC's founding charter, it is envisaged that the UPC may extend its jurisdiction to Turkish companies with assets in the European Union under the Brussels IB regulation. This raises the possibility of awarding damages against Turkish companies in infringement proceedings under European Patents and before the UPC.
In addition to these international level developments, it seems that practices such as discovery of evidence or preliminary injunctions and the current challenges regarding implementation in Türkiye will continue to be discussed with a view to protecting the rights of patent holders. While the discovery of evidence mechanism in Türkiye is a critical means in the pharmaceutical and technology sectors, differences in court praxis continues to create legal uncertainty
To summarise, the developments in 2024 reveal once again the dynamic nature of patent law. It is evident that deliberations in the field of artificial intelligence and biotechnology, legislative uncertainties in the implementation of legal mechanisms essential for the protection of patent rights, and the limits of the jurisdiction of international courts shall set the frame for discussions in 2025. Increased legal certainty is critical for the establishment and sustainability of a patent system that not only supports, but also protects innovation.
Our hope is that this compilation of significant developments will be of benefit for legal professionals, patent owners and other stakeholders in the field of patent law.
CONTENTS
- Artificial Intelligence and Pharmaceutical
Industry: The Transformation in the Technology and Patent System
Shaping the Future
Gün + Partners , Articles , Nov 25, 2024
- Applying Presumption of Patent Infringement
Against Biosimilars
Legalink European Monthly Newsletters , Articles , Sep 20, 2024
- Jurisdictional Conflicts in Global FRAND Cases and
the EU's WTO Complaint against China for Alleged Violation of
TRIPs
Gün + Partners , Articles , Mar 15, 2024
- Implementation of Discovery of Evidence in Patent
Law
Legalink European Monthly Newsletters , Articles , Aug 22, 2024
- What Will be The Fate of The Guarantee Provided
For The Preliminary Injunction Decision?
ManagingIP , Articles , Jun 13, 2024
- Does the ‘Long Arm' of the UPC Reach
Turkey?
ManagingIP , Articles , Jan 20, 2025
- The Regional Administrative Court's Decision
on Trade Secrets And The Administration's Responsibility
Against Unfair Competition
Gün + Partners , Articles , Feb 24, 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
