Nullity of the rights in terms of Intellectual Property Law

In order to create a balance with a convenient usage and disposal, IntellectualProperty Jurisprudence has to provide provisions that are against the disposal andutilization of the rights that are in conformance with the real goal of disposal, as wellas the provisions that protect the intellectual rights.In terms of the intellectual property rights, a conception of nullity turns out tobe in question solely in aspects that are related with industrial property rights as aconsequence of its quality and it stands for the same meaning in all industrialproperty rights. Such a situation is due to the fact that a right ownership inaccordance with certification is not present in the rights that are concerned withintellectual and artistic pieces and these pieces are favored by the natural protection,thus no nullity or invalidity is in question in terms of such rights. In our approach ofjurisprudence, nullity stands for the effacement of an industrial property right fromthe registration of rights held by Turkish Patent Institution by means of a courtdecision in a retrospective manner in case any of the reasons stated in the lawrelated with the right and the limited number of reasons envisioned in Decree-Law.Generally we encounter the reasons for nullity as the right?s being deprived ofthe protection conditions; right ownership?s belonging to other individual orindividuals, or people?s not obeying the obligations in terms of utilization andinspection.In general, the persons who turn out to be harmed by any reason believe that thepublic propsecutors or other related official units have the right to demand for nullity. Asfor the defendants, we encounter the person who has a certification in Turkish PatentInstitution or his successors. Concerned courts in terms of these lawsuits shall bethe Specialized Courts and the authorized court shall be the court that is located inthe place where the residence of the defendant is placed. While there is no strict timelimit concerning the lawsuits for nullity in general terms, there are some concepts ofstrict time limits in terms of patents and trade marks