Mandatory Mediation Introduced for Patent Disputes in Turkey
As per Article 20 of the Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements Code, Article 5/A was incorporated into the Turkish Commercial Code on 1 January 2019. The article introduces mandatory mediation for claims involving commercial receivables. The new provisions do not apply to pending lawsuits before first-instance courts, regional civil courts or the Court of Cassation. Applications for mediation must be finalised… »
Mediation now Mandatory for Monetary-related IP Disputes
Mediation now mandatory for claims relating to commercial receivables As civil suits falling under IP-related codes are considered as commercial actions, mediation is now mandatory for certain types of IP disputes It is expected that mediation will become mandatory for other types of IP disputes Discretionary mediation was first introduced into the Turkish legal system in 2013 by Law No 6325 on Mediation in Civil Disputes as one of the alternative dispute resolution… »
Ex Parte Injunctions in Turkish IP Law
Although they are legally available, ex parte injunctions are quite rare in Turkish IP practice. The IP courts almost always reject requests for ex parte injunctions, preferring to evaluate the alleged infringement only after hearing both parties. However, in a recent case, the IP Court unexpectedly granted a request for an ex parte injunction, due to the urgent nature of the matter. The request for an ex parte injunction was filed against a company in Argentina. The company… »
Hope for Microsoft: Opponent Which Led New Application for Unused Mark Found to Have Acted in Bad Faith
The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has reversed a decision of the Trademarks Department in which the latter had rejected claims of bad faith against a new application fıled by the applicant to avoid the consequences of a possible partial revocation of its earlier trademark. Background In November 2014 Microsoft Corporation fıled a trademark application in Turkey through WIPO for the mark POWER BI, covering specific goods in… »
Court of Appeals Recognises Evidential Value of Agreement Restricting Parties’ Rights to Trademark
In a decision dated 14 February 2018 (No E 2017/11-85 K. 2018/209, which became public in July 2018), the General Assembly of the Civil Court of Appeals held that an agreement between two parties restricting the use of a sign or trademark can later prevent the registration of that sign or mark. Background On 12 December 2004 Company A fıled an application for the registration of SULTANS OF THE DANCE, which was the name of a group performing Turkish modern folk dances formed… »
The Fashion Industry and New Provisions of Turkish Industrial Property Code Regarding Protection of Unregistered Design Rights
The fashion industry, nourished by an infinite source – that is, human creativity – is constantly changing, yet the manufacturing process changes even faster. As the duration of the process in which a product is manufactured and offered to consumers became much shorter, the copying of designs also became more convenient and common. The rules pertaining to the protection of unregistered designs, one of the novelties introduced with the Industrial Property Code No 6769 (the ‘IP… »
International Registrations Subject to Disparate Treatment in Opposition Proceedings
The new Turkish Intellectual Property (IP) Code came into force on January 10, 2017 (as previously reported in the INTA Bulletin on February 15, 2017, Vol. 72, No. 3 and on October 15, 2017, Vol. 72, No. 18), and introduced a major change to Turkish trademark law and practice with respect to the non-use defense in opposition and litigation proceedings. Under the new law, the Turkish Patent and Trademark Office must notify the applicant of an opposition filed against its… »
Turkish Court of Appeals Grants Protection to Well-Known ‘JELIBON’ Trade Mark Despite Its Original Lack of Distinctiveness
Kent Gida Maddeleri San ve Tic AS v Nako Iplik Pazarlama ve Ticaret AS, the decision of the Turkish Court of Appeals numbered E. 2016/2539 K. 2017/4808 and dated 27 September 2017 The Turkish Court of Appeals (CoA) has upheld the first instance IP Court’s decision ruling for the invalidation of the ‘Nako Jelibon’ trade mark covering ‘threads’ in Class 23, on the basis that the registration would: (i) negatively affect the distinctiveness of the wellknown ‘Jelibon’ trade mark… »
New Presidential Government System Brings Changes to Patent and Trademark Office’s Legal Framework
Most of the articles of Law No 5,000 on the Establishment and Functions of the Turkish Patent and Trademark Office were revoked by Decree-Law No 703, which was published in the Official Gazette (No 30473 3rd bis) on 9 July 2018 within the framework of the adaptation to the new presidential government system. With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of… »
Avrupa Birliği Adalet Divanı Christian Louboutin’in Kırmızı Renkli Ayakkabı Tabanı Markasının Geçerliliğini Teyit Etti
Declaration of Use under New IP Law: Consequences and Timelines
The new IP Law has abolished the Patent Decree-Law provisions regarding the use requirement of patents and evidence of use. Instead, the new law refers to the use requirement within the compulsory licence provision, stating that non-use of a patent could allow a third party to demand a compulsory licence over that patent. Consequences of failure to file declarationAs the IP Law does not have clear provisions requiring the patent owner to file a declaration of use or non-use… »