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Article 156 - Commissioned and competent court

Turkish Industrial Property Code (Law No. 6769)
Article 156

Commissioned and competent court


Article 156

(1) The courts commissioned for legal proceedings foreseen in this
Code shall be civil courts of intellectual and industrial property rights and criminal courts of intellectual and industrial property rights. These courts, upon acquiring positive opinion of the High Council of Judges and Prosecutors, shall be established in places considered to be necessary by the Ministry of Justice at the level of court of first instance and with a single judge. The area of authority of these courts shall be identified in line with the provisions of the Law dated 26/9/2004 and numbered 5235 on Establishment, Duties and Authorities of the
Judicial Courts of First Instance and Regional Judiciary Courthouses. In places where there is no civil court of intellectual and industrial property rights, the local civil court of first instance; where there is no criminal court of intellectual and industrial property rights, the local criminal court of first instance shall undertake the legal proceedings and works that are within the scope of these courts.
(2) In legal proceedings to be instituted against all decisions taken by the Office according to the provisions of this Code and in proceedings to be instituted against the Office by third parties adversely affected by a decision of the Office, commissioned and competent court shall be the Ankara Civil Court of Intellectual and Industrial Property Rights.
(3) In legal proceedings to be instituted against third parties by the owner of industrial property right, competent court shall be the court where plaintiff is domiciled or where the action violating the law has taken place or where the impacts of this action are observed.
(4) In case the plaintiff does not have domicile in Turkey, competent court shall be the court where, at the instituting date of the legal proceeding, the business place of the attorney registered in registry is located, and if the record of the attorney has been deleted, competent court is the court where the headquarters of the Office is located.
(5) In legal proceedings to be instituted against the owner of industrial property right by third parties, competent court is the court where the defendant is domiciled. In case the owner of the industrial property right application or the industrial property right does not have domicile in Turkey, the provisions of the fourth paragraph shall be applied.


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