It’s Time for Administrative Revocation of Trademarks!
Before the Industrial Property Law (“IP Code”) no. 6769 entered into force on January 10, 2017, procedures related to trademark rights were governed by the former Decree Law no. 556 on the Protection of Trademarks (“Decree Law”). While revocation of trademarks is dealt with by both pieces of legislation, the introduction of the IPL brings a major change to Turkish Trademark Law, stating that requests for revocation of trademarks must be filed with the Turkish Patent and… »
Turkey's New Trademark Revocation System: Administrative Changes Effective January 2024
Administrative revocation will be possible before the Office as of 10 January 2024. According to Article 9 of the Industrial Property Law No. 6769 (“IPL”), if a trademark is not used in five years as of its registration date or its use is suspended for a consecutive period of five years; it will be vulnerable to revocation due to non-use. Revocation of trademarks based on non-use were traditionally filed as a court action before the specialized IP courts under the previous… »
Alternative Dispute Resolution System for Disputes Arising From ‘.tr’ Extended Domain Names in Türkiye
Overview On 14 September 2022, TRABIS (‘.tr’ Network Information System) took over the management of ‘.tr’ extended domain names with the Regulation coming into force in Türkiye. According to the Regulation, domain names can be allocated as documented or undocumented. Undocumented allocation is carried out within the framework of the ‘first come, first served’ rule. This rule is applied to domain names with the most commonly used extensions such as ‘.com.tr’, ‘.org.tr’… »
An In-depth Analysis of Inventorship of AI and Turkey’s Position
In recent legal debates, the patentability of AI-generated inventions has been contentious. Historically, only humans have been considered inventors, anchored in notions of personhood and intellect. Yet, in a bold move, South Africa and Australia’s Federal Court recognized AI, specifically DABUS, as a potential inventor in 2021, defying conventional views. Proponents argue that this accommodates modern innovation trends, while sceptics raise concerns about ownership rights… »
PTO Prepares for Administrative Revocation of Trademarks
Article 26 of the Industrial Property Code, which grants the PTO the authority to revoke trademarks, will come into force on 10 January 2024 The PTO has recently released a draft regulation for comment The draft regulation includes procedural details on how revocation requests will be made before the PTO Background The Industrial Property Code No 6769 (IP Code), which entered into force on 10 January 2017, provides that the Turkish Patent and Trademark Office (PTO) has… »
Highly Logical: Turkish IP Office's Vulcan Salute Ruling Sets Final Frontier For Copyright Ownership Argument
According to Article 6/6 of the Turkish Industrial Property Code, “An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.” Based on this provision, it is possible to oppose an application relying upon the opponent’s other intellectual property rights ownership. On December 20 2022, the Re-Examination and… »