In June 2024, Istanbul IP courts rendered a preliminary injunction (PI) decision in one of our patent infringement action against a Turkish generic drug manufacturer that involved the following precautionary measures:

• Suspension of the production, distribution, sale and storage of the subject matter generic drugs,

• Suspension of the sales permit of the subject matter generic drugs and inform Turkish Medicines and Medical Devices Agency in this regard,

• Removal of the subject matter generic drugs from the reimbursement list and inform the Social Security Institution in this regard,

• Confiscation and delivery of the subject matter generic drugs and business documents, brochures, catalogues and all kinds of sales, marketing and promotional materials containing the drug name,

• Send a writ to the Turkish Medicines and Medical Devices Agency to notify pharmaceutical warehouses about the PI decision,

• Send a writ to the Turkish Pharmacists' Association to notify the pharmacies about the PI decision,

• Prevention of import and export of the subject matter generic drugs and inform the General Directorate of Customs in this regard.

The PI decision was rendered based on two expert reports obtained in favour of the patentee. The expert reports not only confirmed that the patent was infringed but also confirmed that the subject matter patent on which the patentee's blockbuster drug was based to be valid. The PI order is significant in that the Istanbul IP Court ordered the PI order against the generic company within the scope of the two experts report despite the pending invalidity action which has been filed as a counter action against the infringement claim.