DyStar® secures destruction of patent-infringing dyes

The destruction is the latest success in the company’s anti-counterfeiting program in Turkey, which has so far resulted in more than 100 tons of infringing products being seized

DyStar® has been 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 Mersin Free Zones following DyStar’s customs application. The specialized Istanbul IP Court subsequently granted a preliminary injunction order. The destruction took place earlier than expected on 18 September 2018 as the defendant agreed to the destruction and payment of compensation to DyStar before the final verdict of the Court.

DyStar has implemented an anti-counterfeiting program worldwide since 2013. Turkey has rapidly become one of the most successful jurisdictions in implementing the program. As part of the enforcement program, DyStar recorded its patents with Turkish Customs, carried out training, analyzed each of the seized product samples promptly and took action over 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 product in Turkey.

Based on this effective program, 50 custom suspension notifications were notified from four customs administrations. DyStar filed 14 court actions for infringement of its patents. A total of 7 nullity actions against its asserted patents were received as counterattacks, and 5 of these cases have already been finalised – all in favour of DyStar. This result indicates the strength of DyStar’s patents.

1) Workers destroying the patent-infringing products on September 18, 2018 following the acceptance by the defendant to make compensation to DyStar

Within this programme, more than 100 informative or warning letters regarding DyStar’s patents have been sent to customers and target companies to build awareness in the market.

In 2017, DyStar and its attorneys at Deris were invited to present the program 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.

The Director Global IP of DyStar, Dr. Ulrich Weingarten, stated that this case highlights the conviction of DyStar to clamp down on every infringer: “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. 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.”

Caption: 3.3 tons of textile dyes that infringed DyStar’s patent for one of its reactive red dyes were destructed in the process

Partner Okan Can from Deris Attorney At Law Partnership, which is leading the anti-counterfeiting project in Turkey, stated that the DyStar project is a very good example of the ability of the Turkish Customs and the IP Courts to provide effective protection where there is a well-designed enforcement programme.

The DyStar Group is a leading dyestuff & chemical manufacturer and solution provider, offering customers across the globe a broad portfolio of colorants, specialty chemicals, and services. With a heritage of more than a century in product development and innovation for the textile industry, DyStar also caters to multiple sectors including the paints, coatings, paper and packaging industries. Its expansion into the food & beverages and personal care sectors reinforces the company’s position as a specialty chemical manufacturer. DyStar’s global presence offers customers reliable access to experts from offices, competence centers, agencies and production plants spanning over 50 countries.

DyStar’s key service divisions assist brands & retailers and their industry partners from their first inspiration throughout the entire supply chain to ensure that they meet stringent quality and ecological specifications, reduce costs and shorten lead times. We offer state-of-the-art color communication through Colour Solutions International; textile and ecology testing through Texanlab; ecology and environmental advice, supply chain auditing and consulting for RSL compliant sustainable processes through Sustainable Textile Solutions group.

The DyStar econfidence® programme is designed to provide assurance to textile customers that the dyes and chemicals supplied by DyStar comply with legal requirements. econfidence® also provides expertise so that selected products are compliant with voluntary Restricted Substances Lists (RSLs), including those of brands and retailers. Backed up by the most extensive eco-testing program of any chemical supplier in the industry, econfidence® supports long-term partnerships along the supply chain and fosters a more sustainable textile production.

Fully dedicated to quality management, DyStar is an ISO9001 British Standard Institution (BSI) certified company. Our products for food & beverage undergo additional certifications, such as FPA, GFSI (SQF 2000), Kosher, Passover, and Halal. Each batch of certified food colours is tested and approved by a United States Food and Drug Administration (FDA) laboratory.

Based in Istanbul, DERIS has a 106-year history of establishing, protecting and enforcing intellectual property (IP) rights. The team comprises more than 85 staff, including IP litigators, trademark and patent attorneys and European patent attorneys.

DERIS has been active in IP litigation, prosecution, transactional intellectual property and technology licensing for many years. It counsels and represents multinational firms in a range of fields, including automotive, electronics, pharmaceuticals, machinery, chemicals, food, textiles, telecoms and plant breeding.

DERIS provides patent and trademark enforcement programs through nationwide established and tailored projects.

Deris has been the pioneer in shaping the IP landscape by obtaining the precedent court decisions and participating in the preparation of the IP legislation upon the invitation of the legislative bodies. In 2016 the firm was invited by the Turkish Patent and Trademark Office to participate in the preparation of the new Industrial Property Code, which was enacted by the Parliament in 2017.

The firm and its attorneys have been recognized by a range of leading international publications, including Best Lawyers, World Trademark Review, IAM, Managing Intellectual Property’s IP Stars, Leaders League, World Intellectual Property Review and Who’s Who.