Compensation of damages due to infringement of patent right

To provide the patent right with effective protection, the international conventions we are a party to and the Industrial Property Law No. 6769, which has compatible provisions with the international conventions, stipulates the legal protection methods to prevent and stop acts which constitute infringement and to compensate for damages incurred due to infringement. The damage that occurs due to patent infringement can be material and moral, as well as in the form of "loss of reputation", which is a damage specific to Industrial Property Law. The liability for compensation arising from the infringement of patent right is accepted as a tortious liability. In this context, the existence of the conditions (unlawful act, fault, damage, and causal link) in Article 49 of the Turkish Code of Obligations No. 6098 will be sought in order to be entitled to claim compensation due to infringement. In this study, the material, moral and reputational damage lawsuits that shall be instituted in accordance with Articles 149 and 150 of the Industrial Property Law No. 6769 in case of the patent infringement have been examined in terms of Article 49 of the Turkish Code of Obligations No. 6098 and the procedural conditions of these lawsuits are examined within the framework of relevant legal regulations and current judicial decisions. Keywords Patent right, infringement of patent right, compensation due to infringement of patent right, compensation of reputational damage, industrial property law