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ARTICLE · 02 JUNE 2017

Long Awaited IP Code Of Turkey

Gün + Partners
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In the 1990s,Turkey swiftly prepared and published decree-laws related to IP rights in order to fulfill its obligation of adopting national legislation related to IP rights with EU regulations...

TurkeyIntellectual Property
Güldeni̇z Doğan Alkan
Güldeni̇z Doğan Alkan
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In the 1990s,Turkey swiftly prepared and published decree-laws related to IP rights in order to fulfill its obligation of adopting national legislation related to IP rights with EU regulations so to become a member of the Customs Union. Decree-Laws which have the power of law were preferred since the procedure for passing them is less cumbersome and faster.They should have been converted into laws following the membership of Turkey to the Customs Union; however they remained as decree-laws until the publication of the IP Code No. 6769 on 10 January 2017.

Decree-laws have a contradictory nature in Turkish Constitutional Law. Indeed, the Constitutional Court annulled a few provisions of the IP decree-laws based on Article 91 of the Constitution which states that property rights cannot be regulated by decree-laws and instead they should be regulated by codes.The last annulled provision was Article 14 of the Decree-Law No. 556 relating to revocation of non-used trade

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