Constitutional Court partially repeals Article 158 of Patent Decree Law no.551!

Pursuant to Constitutional Court's decision no 2013/100 E. 2014/14 K., which was published in the Official Gazette dated 29.05.2014 and entered into force accordingly; first clause of Paragraph 2 of Article 158 of Patent Decree Law no.551, which is read as "Until the court action for cancellation instituted in accordance with the provisions of Article 156 against him comes to a conclusion, the holder of the utility model registration may not invoke the rights conferred by that registration against third parties." was repealed on grounds that it was against Subparagraph 1 of Article 91 of the Constitution.

The Constitutional Court stated in the decision, rendered upon the appeal of Ankara 4th Civil Court for Intellectual and Industrial Property Rights, that pursuant to the provision "with the exception of martial law and states of emergency, the fundamental rights, individual rights and duties included in the first and second chapters and the political rights and duties listed in the fourth chapter of the second part of the Constitution, shall not be regulated by decrees having the force of law." under Paragraph 1 of Article 91 of the Constitution, issues relating to property rights may not be regulated by a decree having the force of law.

The Constitutional Court decision repealing the abovementioned regulation, which had prevented the holder of the utility model registration from invoking his/her rights and powers within the scope of property rights against third parties, has made it possible for utility model owners to invoke their rights conferred by registration against third parties, despite any court action for cancellation of such registration.  

Full text of the decision:

http://www.kararlaryeni.anayasa.gov.tr/Karar/Content/874b08f9-beea-4164-a477-030e94c4679f?excludeGerekce=False&wordsOnly=False