SINAİ MÜLKİYET HAKLARINA İLİŞKİN YABANCI MAHKEME KARARLARININ TANINMASI VE TENFİZİNDE MÜNHASIR YETKİ SORUNU

Nowadays, the number of disputes regarding cross-border violations of industrial property rights is increasing. After the violation of industrial property rights occurs in one country, it is possible for its effects to show in another country or even in more than one country. For example, copying the design of an Italian bag manufacturer in Greece, producing it and then selling it in Turkey and many other countries through a website, or violating the patent license agreement between a German technology company and a Turkish company. In case of violation of industrial property rights, a lawsuit can be filed in Turkey, and in some cases, a lawsuit can be filed abroad. In order for the decisions given by foreign state courts to gain definitive evidence or final judgment effect and be enforced in Turkey, these decisions must render the recognition and enforcement conditions.The article is about discussing the problem of exclusive jurisdiction encountered in the recognition and enforcement of decisions made by foreign state courts regarding industrial property rights in Turkey, within the framework of judicial decisions. In our study, it will be evaluated whether the jurisdiction rules in the Industrial Property Code can be described as exclusive jurisdiction rules. Then, whether it is possible to recognize and enforce foreign court decisions in Turkey in terms of cases related to industrial property rights such as invalidation, revocation and compensation cases will be examined within the framework of judicial decisions.