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

May 2015 - Intellectual Property. Legal Developments by Baspinar & Partners Law Firm.

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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.

The court of first instance claimed that the above-mentioned article is conflicting with the Articles 2, 13, 35, 48 and 91 of the Turkish Constitution. After reviewing the application, the Constitutional Court abolished the relevant article on the ground that “the trademark right” is a type of intellectual and industrial property rights and should be considered as ownership right and since the fundamental rights such as ownership rights cannot be regulated with statutory decree (Article 91 of the Constitution), the article is conflicting with the Constitution. The decision of the Constitutional Court has been published on 15.05.2015 in the Official Gazette numbered 29356.