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Article 159 - Request for interlocutory injunction and the scope of interlocutory injunction

Turkish Industrial Property Code (Law No. 6769)
Article 159

Request for interlocutory injunction and the scope of interlocutory injunction


Article 159

(1) Persons who have the right to institute a legal proceeding under this Code, on the condition that they prove that the action forming the subject of the legal proceeding violates the industrial property right within the country or serious and effective undertakings are performed to that end, may request the court to order an interlocutory injunction to ensure the effectiveness of judgment to be delivered.
(2) Interlocutory injunctions should especially cover the following measures:
a) To prevent and stop the actions, which constitute infringement of plaintiff’s industrial property right.
b) To seize and store at their location anywhere within territories of Republic of Turkey including areas such as customs and free port or zone, the products infringing the industrial property right that were produced through infringing the industrial property right or imported; without preventing the production of products other than infringing products, instruments exclusively used in the production of infringing goods or instruments used in performing a patented method.
c) To submit a security in terms of compensation for any damage.
(3) In the matters for which there are no provisions in this Code regarding interlocutory injunctions, the provisions of Code of Civil Procedure dated 12/01/2011 and numbered 6100 shall apply.


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