Provisional measures in Industrial Property Law

This dissertation examines the provisional measures in Industrial Property Law by first looking at the interim injunction which comprises the main heading of the provisional measures. Then, the differences between interim injunction and legal protection are explained, concluding that the interim injunction is an urgent and judicial protection that differs from legal protection regarding the standard of proof, the right to be heard and the balance of interests are concerned. Based on this conclusion, the second part of the thesis discusses the provisional measures practices concerning various demands in Industrial Property Law, specifically the conditions and the types of the provisional measures. In this context, it is determined that provisional measures can be ruled in line with the demand of the individual and in the honour of the principal of adherence to the request. Accordingly, as long as the principal of adherence to the request is abided by, any measure may be taken. Furthermore, based on the article 389 of the Turkish Code of Civil Procedure, interim injunctions may be granted in cases for a declaration of invalidity. Finally, the Turkish Patent and Trademark office cannot rule on the interim injunction once the cancellation of trademark provision comes into effect. The last part of the dissertation explains the terms of compensation caused by trial of provisional measures and tortious provisional measures. It is concluded that because of the tortious provisional measures the compensation is a sui generis legal liability.