DyStar was recently successful in securing the destruction of 3.3 tons of textile dyes that infringed one of its patents for reactive red dyes. The dyes were detained at the Mersin Free Zone following DyStar's customs application. The specialised Istanbul IP Court subsequently granted a preliminary injunction order. The destruction of the infringing goods took place earlier than expected on 18 September 2018 as the defendant agreed to their destruction and payment of compensation to DyStar before the court's final verdict.
This is the latest success in the company's anti-counterfeiting programme in Turkey, which has so far resulted in more than 100 tons of infringing products being seized.
DyStar has implemented a worldwide anti-counterfeiting programme since 2013 and Turkey has quickly become one of the most successful jurisdictions at implementing it. As part of its enforcement programme, DyStar has:
- recorded its patents with Turkish Customs;
- carried out training;
- analysed each of the seized product samples promptly; and
- taken action for each infringing product by initiating court proceedings where there was no settlement.
Thanks to these actions, DyStar has secured the seizure of more than 100 tons of infringing products in Turkey.
Based on this effective programme, 50 customs suspension notifications have been notified from four customs administrations. DyStar has filed 14 court actions for infringement of its patents and a total of seven nullity actions against its asserted patents have been received as counterattacks and five of these cases have already been finalised – all in favour of DyStar. These results indicate the strength of DyStar's patents.
As part of its anti-counterfeiting programme, DyStar has issued more than 100 informative or warning letters regarding its patents to customers and target companies to build awareness in the market.
In 2017 DyStar and its attorneys were invited to present the anti-counterfeiting programme as an example of best practice in a conference held in the context of the EU-Turkish Ministry project, which aimed to strengthen the Turkish Customs Administration's administrative capacity. AUTHORS Okan Can Gizem Kucukarslan Bayer DyStar's Director Global IP, Ulrich Weingarten, stated that the recent case above highlights DyStar's conviction to clamp down on all infringers:
We are a global leader in developing and providing new products, which are both costefficient and environmental-friendly. Therefore, some companies try to copy our products. However, this turns out to be a costly approach for them with the products being destroyed and compensation paid. This is thanks to our close surveillance of the markets and the excellent cooperation with our legal advisors at Deris and the Turkish authorities.
The DyStar project is a good example of the ability of Turkish Customs and the IP courts to provide effective protection where there is a well-designed enforcement programme in place.