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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

A Holistic Approach to the Proposed Changes to the IP Law

I. Introduction

The Law No. 5846 on Intellectual and Artistic Works ("IP Law") is the main legislation in Turkey that is applicable to copyright related matters. In early May, Ministry of Culture and Tourism's General Directorate of Copyrights shared on their website a Draft Law Amending the Law No. 5846 on Intellectual and Artistic Works ("Draft Law") and announced that the proposed amendments are open for public opinion. The Draft Law proposes many amendments to the current text of IP Law which include revisions to certain articles, re-definition of terms and concepts along with fundamental changes to injunctive reliefs, prevention of online infringements and functions of collecting societies. As of June 2, 2017, deadline for submission of opinions has passed and the opinions are currently under the Ministry's evaluation which will review and revise the Draft Law accordingly, if needed.

New Industrial Property Law

The Industrial Property Law abrogating the patchwork of decrees that governed intellectual and industrial property rights has been published in the Official Gazette and entered into force on January 10, 2017.

Registration of Layout of a Store as Trademark

I.         Introduction

Could design and layout of a retail store be registered as a three-dimensional trademark? Apparently yes.

The Benchmark for an Advertising Slogan to be Registered as a Trademark in Turkey

Advertising slogans are, in a nutshell, short expressions or idioms that brand owners use in advertising in order to make the advertised product or service remembered easily and also to have the slogan be associated with the product, thus the brand. A powerful advertising slogan is created after quite a costly and time-consuming endeavor and therefore is worth being protected, since use of similar slogans may confuse the public about the commercial origin of the product/service that is advertised with that particular slogan.

A brief IP guideline for Start-Ups in Turkey

What’s IP?

Intellectual Property (IP) simply refers to the creations of human mind which include inventions, literary and artistic works, symbols, names and images used in commerce. There are two main categories: industrial property right and copyright. Industrial property right includes patents, trademarks, industrial designs and geographical indications. Copyright covers music, films, architectural design, literary works; such as poems, novels and also software, and artistic works; such as drawings, paintings, photographs and sculptures. There are also rights related to copyright which include performing artists’ right in their performance, phonogram producers’ right in recordings and broadcasters’ right in their radio and TV programs.

Boult Wade Tennant ranked top tier for Trade Mark in MIP’s IP Stars Handbook

February 2016 - Intellectual Property. Legal Developments by Boult Wade Tennant.

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We are delighted to announce that Managing Intellectual Property (MIP) has ranked our trade mark practice in the top tier of its 2016 annual survey. MIP’s IP Stars rankings are based on extensive research among thousands of intellectual property practitioners from around the globe, creating one of the most comprehensive and authoritative surveys of the IP legal market. It covers 80 countries and identifies the best patent, trade mark and copyright firms and practitioners in the world.

TRADEMARK LAW IN TURKEY AS REGARDS PARALLEL IMPORTS AND EXHAUSTION OF TRADEMARK RIGHTS

With the exception of sales by authorized distributors, warranty protection and after sale service have been frequent problems when purchasing imported and cheaper goods by way of the internet. Consumers and importers alike have asked the question - are parallel imports permissible under Turkish law?   

In that context, it is useful to examine the place of parallel imports in Turkish legislation and in the decisions of the Supreme Court.

 

The Constitutional Court abolished the Article 16/5 of the Decree Law numbered 556

The Constitutional Court abolished the Article 16/5 of the Decree Law numbered 556.

Upon the application of the Ankara 3rd Civil Court for Intellectual and Industrial Property Rights, the Constitutional Court reviewed the Article 16/5 of the Decree Law numbered 556 which states that it is mandatory to transfer the trademarks of goods and services which are confusingly similar to the registered trademark to be transferred.

Assignment of Trademarks and Licensing of Trademarks in Turkey

I. Introduction

Turkish law provides for both the assignment and license of trademarks. It is important to distinguish trademark related rights borne from assignment and licensing as this will determine the scope of rights that are exercisable. 

Patent and Utility Model

The patent and the utility model are regulated in the Decree No. 551 dated 1995 Concerning to the Protection of Patent Rights ("PDL"). Obviously patent and utility models are not completely two different rights; however there are some specific measures differentiating them. In this article we will discuss important points of these rights.

Trademark Pledge

Trademark pledge is one of pledge types on movable assets. Decree Law No. 556 dated 1995 Concerning to the Protection of Trademarks ("TDL") allows pledging the trademark and refers to the Turkish Civil Code ("TCC") for detailed regulations. Although a regulation exists, the trademark pledge is not frequently applied in Turkey and there are some loopholes that need to be clarified during the application of trademark pledge. The applicability will increase in the same direction with the value of the local trademarks of the country.

 

Review of the Constitutional Court Decision on the Cancellation of Article 42/1 (C) of Law No. 556

Introduction

The Constitutional Court, with its recent decision of April 9th, 2014, numbered 2013/147 E. and 2014/75 K., cancelled Article 42/1(c) of the Decree Law on Protection of Trademarks No. 556 ("Decree Law"), upon request of İstanbul 4th Civil Court for Intellectual and Industrial Property Rights. Article 42/1(c) of the Decree Law, which is subject to the cancellation of the Constitutional Court, stipulated that a registered trademark should be declared null by the court in case it violates Article 14 of the Decree Law.

Article 14 of the Decree Law reads that if, the registered trademark has not been used within a period of five years without a justifiable reason, or if the use thereof has been suspended for an uninterrupted period of five years, the trademark should be declared null. Therefore, following the Constitutional Court's decision on cancellation of the relevant provision, the nonuse of a trademark will not lead to the nullity of a trademark and merely the cancellation of a trademark may be requested. In this article, the principle on compulsory use of trademark and the sanction based on the nonuse of a trademark will be examined. Then, the Constitutional Court's Decision will be evaluated by touching upon its reasons.

Penalty Provisions in Trademark Law

Trademark is an absolute right. Therefore, legislative regulations aim protecting this right, moreover the regulations contain punitive articles and other sanctions. In this newsletter the punitive articles and sanctions mentioned will be explained with the practice field, in consideration of Turkish Law.

In the first place we had better express ‘the principle of legality' which is a basic notion in Criminal Law: in the Constitution of the Turkish Republic, the punitive articles must be arranged by a code, however a decree law regulates the trademark issue. Therefore the punitive articles in the decree law could not be applied until the year 2009, the acceptance a new code including the punitive articles of Decree Law No. 556 dated 1995 Concerning to the Protection of Trade Marks ("TDL"). Now punitive articles about the trademark are applicable and entirely legal in Turkey.


Well – Known Trademark

In the world where the importance of corporate image increases, nonmaterial assets, become more of a nonfigurative issue, day by day. Trademarks, patents - utility models, industrial designs, copyrights and unfair competition are the main subjects of Intellectual Property. We will touch on Well - Known Trademark below.

 

Introduction to IP in Turkey

In the world where the importance of corporate image increases, nonmaterial assets, become more of a nonfigurative issue, day by day. Trademarks, patents - utility models, industrial designs, copyrights and unfair competition are the main subjects of Intellectual Property. We will discuss each of these subjects below.

The Influence of the Draft Amendment to the Patent Act on the Protection of Biotech Patents in Taiwa

According to the current Article 24 of the Taiwan Patent Act, animal varieties and plant varieties are not patentable subject-matters.

DESIGN PROTECTION IN TURKEY

November 2011 - Intellectual Property. Legal Developments by Gür Law Firm .

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As soon as Turkey started to take an active role in international trade, intellectual property rights have recently increased in importance. Due to the effects of European Union harmonization process, Turkey has made and is still continuing to make several amendments on its national legislation for the purpose of protecting the intellectual property rights more extensively.

DATA PROTECTION OVERVIEW (TURKEY)

October 2011 - Intellectual Property. Legal Developments by Gür Law Firm .

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There is not yet a specific protection in Turkey for privacy of personal data through data protection laws. Data protection in Turkish law is governed by the Constitution and a variety of general and sectorial laws such as the Civil Code, Criminal Code, Labor Law, Banking Law and the Bank Cards and Credit Cards Law though there is a Draft Law on Data Privacy, which was prepared and developed by the Turkish Ministry of Justice for several years without success.

WHAT’S NEW IN THE DRAFT TRADEMARK LAW?

Decree with Force of Law No. 556 (“Trademark Decree”), prepared and issued by the Council of Ministers in accordance with Directive 89/104 EEC of European Council and European Community Regulation (EC) No 40/94 on Trademarks, introduced the formal protection of trademarks in Turkey.

Preparing the field

October 2009 - Intellectual Property. Legal Developments by Gür Law Firm .

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Riza Ferhan Cagirgan of Gur Law Firm discusses the development of IP litigation in a developing country

New Approach in Cancellation Actions against Patent Institute Decisions

An Ankara IP court has recently ruled that cancellation decisions should be based on the evidentiary documents submitted to the Patent Institute during the opposition or appeal stage, and not simply on the arguments put forward by the parties. Trademark owners are thus advised to submit all relevant documents to the institute during the opposition or appeal stage.

Scope of Protection for Non-Turkish Trademarks

In Turkey, the rights of the holder of genuine rights in a trademark obtained through prior extensive use in the market are protected pursuant to Article 8/3 of Decree-Law 556. Recent decisions by the Court of Appeal indicate that this extensive use also extends to use in member countries of the Paris Convention and the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights

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