Ruling on the condition of plausible proof, the Ankara IP Court has clarified that an injunction can be granted in a way that prevents damages for both parties. This is especially crucial for cases in which the infringing product is put on the market without waiting for an expert report.
The established rule of the Court of Cassation (CoC) is that decisions should follow the Re-examination and Evaluation Board (Board) decisions of the Turkish Patent and Trademark Office and should be evaluated by considering the conditions at the time a decision is rendered.