Update on The Well-known Trademark Registry Debate in Turkey
The well-known trademark registry of the Turkish Patent and Trademark Office (the Office) became a discussion topic after the Turkish Court of Cassation decided in 2020 that the Office has no authority to create and maintain a registry for well-known trademarks (see Turkey: Well-known trademark registry is again open for debate). First-instance intellectual property courts and regional courts of appeals adopted this decision immediately and changed their practice, whereas… »
Latest Developments on Administrative Revocation of Trademarks!
While the relevant article regulating the transfer of authority to examine the requests for revocation of trademarks to the Turkish Patent and Trademark Office (“the Office”) was not yet entered into force and there were still a level of uncertainty concerning the procedure, the first development in this regard took place on October 23, 2023 when the Office published and opened the “Draft Regulation for Amendment of the Regulation on the Implementation of the Industrial… »
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… »