Son Değişiklikler Çerçevesinde Patent Hakkının Haczi

The dispersed provisions regulating the industrial property law have been gathered in one place under the Industrial Property Law No. 6769. This Law has introduced several novelties regarding the patent right, which is within the scope of industrial property right. One of these novelties is related to the patent right being subject to the attachment proceedings. It is clearly stated in the Law that the patent right can be attached due to the owner's debts. However, the subject and the execution of the attachment have not been determined. In our study, we will try to reveal the subject and execution of the attachment of the patent right in a more understandable way, primarily by including the basic concepts and rights related to the patent in general. In this respect, the scope of the concept, which is expressed as “patent right” and constitutes the subject of attachment, will be determined. On the other hand, neither the Industrial Property Law nor the Enforcement and Bankruptcy Law No. 2004 have explicit provisions regarding the execution of attachment. However, the attachment will still be enforced within the framework of the provisions of the Enforcement and Bankruptcy Law. In the realization of the attachment, a determination will be made as to which provisions of the Law will become effective and which cannot be applied. Meanwhile, our study will also cover as to whether a new legal regulation is required.