Textile chemicals company DyStar has been successful in securing the destruction of 3.3 tonnes of textiles dyes, judged to infringe a patent of the company’s for the manufacture of its reactive red dyes.
DyStar has now seized more than 100 tonnes of product deemed to infringe its patented stock since it introduced an anti-counterfeiting programme in 2013.
The Istanbul IP Court granted a preliminary injunction order on the batch of reactive dyes, manufactured in Mersin Free Zones in Turkey, before the defendant agreed to its destruction and paid compensation to DyStar.
Counterfeiting, though rife throughout Turkey, has been clamped down on to great aplomb since DyStar introduced its anti-counterfeiting programme. Over the past five years, Turkey has been one of the most successful jurisdictions in implementing the scheme.
As part of the enforcement programme, DyStar recorded its patents with Turkish customs, carrying out training and analysing samples of seized stock before initiating court proceedings. To date, 50 custom suspension notifications have been followed up with across four customs administrations. DyStar filed 14 court actions for infringement of its patents. A total of seven nullity actions against its asserted patents were received as counter-attacks, and five of these cases have been finalised, all in favour of DyStar.
As part of DyStar’s programme, more than 100 informative or warning letters regarding its patents have been distributed in an effort to raise awareness throughout the market. In 2017, DyStar and its attorneys were invited to present the programme as an example of best practice in a conference held within the context of the EU–Turkish Ministry project aimed to strengthen the administrative capacity of the Turkish Customs Administration.
“We are a global leader in developing and providing new products, which are both cost-efficient and environmental-friendly. Therefore, some companies try to copy our products,” commented DyStar’s director global IP, Dr. Ulrich Weingarten. “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.”