THE JURISDICTION OF THE UNIFIED PATENT COURT AND TURKEY'S POSITION: A LEGAL PERSPECTIVE ON EUROPEAN PATENT INTEGRATION

Abstract

https://doi.org/10.55843/ivisum26111115k

The long-discussed reform process in the European patent system gained concrete form with the "Unified Patent Court Agreement" signed in 2013. This system aims to ensure that patents granted by the European Patent Office are valid and enforceable by a single court in participating countries. This aims to provide a more predictable, swift, and cost-effective litigation process for both patent holders and third parties. The Unified Patent Court has exclusive jurisdiction over disputes concerning the infringement and invalidity of unified patents valid in member states of the European Union that have ratified the agreement. The court has a centralized structure and regional headquarters in Paris, Munich, and  Milan. However, the United Kingdom's withdrawal from the system following Brexit has necessitated a reassessment of the court's structure and jurisdiction. For Turkey, however, this system is a direct consequence of this has no effect, as Turkey is neither a member of the European Union nor a party to the Unified Patent Court Agreement. However, as a party to the European Patent Convention, Turkey recognizes the validity of classical European patents obtained through the EPO at the national level. This situation, because patent holders in Turkey cannot participate in the unified patent system, leads to a division in terms of both legal protection and jurisdiction. This paper examines the jurisdictional structure, functioning, and role of the Unified Patent Court in the European patent system, and discusses the legal and practical consequences of Turkey's non-participation in this system. Issues such as conflict of jurisdiction, forum selection, and recognition of decisions, particularly in international patent disputes, are considered significant problems for Turkey. Consequently, Turkey's non-participation in the unified patent system creates certain limitations in terms of international patent protection; this may affect both the rights of domestic patent holders in Europe and the rights of foreign patent holders in Turkey. In this context, Turkey's future policy choices and international integration strategies are of critical importance for the development of patent law.