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Article 154 - Legal proceeding on non-infringement and conditions

Turkish Industrial Property Code (Law No. 6769)
Article 154

Legal proceeding on non-infringement and conditions


Article 154

(1) Anyone who has interest may demand the right owner to provide its opinions about whether or not commercial or industrial activities being carried out or to be carried out or serious and actual attempts carried out for these purposes in Turkey would cause an infringement of his industrial property right. In the event that no opinion is given within one month after notification of this demand or if the opinion given is not accepted by the interested party, the interested party may institute a legal proceeding against the right owner for a decision on noninfringement. The submission of opinion shall not be a prerequisite for the legal proceeding to be instituted. This proceeding may not be filed by a person against whom an infringement proceeding has been instituted.
(2) Legal proceeding instituted in accordance with the first paragraph is notified to all right owners registered in the registry.
(3) Legal proceeding instituted in accordance with the first paragraph may be opened together with the invalidity proceedings.
(4) The court shall not decide on the validity of the allegations before the publication in accordance with the third or seventh paragraph of Article 99 and the tenth or twelfth paragraph of Article 143.


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