Petition For Revocation Of Utility Model Certificate
What is a Utility Model Certificate?
It is the recognition of the right to produce and market the product subject to this invention to the owners of inventions that are new in Turkey and in the world and can be applied to industry.
Documents Required for Application:
– Petition
– Utility Model Usage Form received from the Turkish Patent Institute
– Utility Model Use Certificate and application documents obtained from the Turkish Patent Institute
Sample Petition for Revocation of Utility Model Certificate
… INTELLECTUAL AND INDUSTRIAL RIGHTS LAW COURT
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT : Revocation of the Utility Model Certificate.
EXPLANATIONS :
1-) Our client has been manufacturing steel doors with the company named …, which he established since …/ …/ …. …/ …/ … As a result of his application to the Turkish Patent Institute in …/ …/ …, he obtained a utility model certificate numbered TR … … for the steel door he produces.
The safes produced by the defendant and protected by the utility model certificate are the same as the elevator doors produced by our client and there is no innovation.
3-) In Article 156 titled “Innovation” of the Decree Law No. 551 on the Protection of Patent Rights;
“The invention which is the subject of the utility model certificate application is not new if it has been disclosed in writing or by any other means in a way accessible to everyone in Turkey or in the world before the date of application, or if it has been used locally or nationwide.
The disclosure or use made by the utility model certificate applicant or its predecessors by publication or other means from the date of application or, if any, from the date twelve months before the priority right date, shall not eliminate the novelty of the invention subject to the application.
Patent or utility model certificate applications filed in Turkey before the date of utility model certificate application, even if they are published after the date of utility model certificate application, shall eliminate the novelty of the invention subject to the application.”
In subparagraph (a) of paragraph 1 of Article 165 of the same Decree Law titled “Invalidity of the Utility Model Certificate”
“If it is proved that the subject of the utility model certificate is contrary to the provisions of Articles 154, 155 and 156 of this Decree Law,”
regulation is included.
4-) For the reasons we have explained, it has become necessary to apply to your court.
LEGAL GROUNDS : 551 S. Decree Law Article 156 and related legislation
LEGAL EVIDENCE : TR … … Utility Model Certificate, TR … … Utility Model Certificate, etc. evidence
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the utility model certificate numbered TR … … belonging to the defendant be canceled, and that the trial expenses and attorney’s fee be charged to the other party. …/ …/ …
Counsel for the Plaintiff
…………………………………
Court of Cassation Decisions on Utility Model Certificate
In the decision of the 11th Civil Chamber of the Court of Cassation dated 04.04.2016 and numbered 2015/7551 Esas- 2016/3542 Karar; “…According to the claim, defense, expert reports and the entire file, the defendant’s utility model was disclosed to the public in magazines, catalogs and as a subject of trade before 01.09.2009, which is the application date of the defendant’s utility model, for this reason, the said utility model certificate has been declared to the public in any way before the application date in accordance with Article 156 of the Decree Law No. 551. Article 156 of the Decree Law No. 551, the novelty of the information disclosed to the public in any way before the application date has disappeared and the utility model should be invalidated due to the lack of novelty of the utility model, the defendant’s …………. The utility model certificate belonging to the defendant shall be invalidated and canceled from the registry. CONCLUSION : … the judgment in accordance with the procedure and the law is upheld, …”
In the decision of the 11th Civil Chamber of the Court of Cassation dated 18.04. 2016 dated 18.04.2016 and numbered 2015/9798 Esas – 2016/4289 Karar; “…The court, according to the claim, defense, expert report and the scope of the file …… in a comparison of the claims showing the protection area of the document that the utility model bears the title of innovation in the cultivator leg of the utility model and the INNOVATION DESTROYER AMERICAN PATENT CERTIFICATE, SPANISH PATENT CERTIFICATE AND GERMAN PATENT CERTIFICATE on which the plaintiff relies, the subject matter of the utility model does not carry innovation since the claims of the utility model are the same in the documents obtained, the defendant … … on the grounds that an innovation claim was not included in the utility model subject to the lawsuit, it was decided that the utility model was invalidated since the conditions required by Articles 156 and 10 of the PatKLK regarding utility model registration were not met. CONCLUSION : … the judgment in accordance with the procedure and the law is upheld, …”