FICPI-Turkey held a successful IP Law Seminar in October, at Yaşar University in Izmir, comparing European patent oppositions with Turkish oppositions, and looking at trade mark use and proof of use. Around 90 people attended the meeting.
On 25th October, during the “IP Law Seminar”, Dr.-Ing. Christian Wende and Serkan Özkan discussed patent opposition procedures. Christian is a member of FICPI-Germany and Reporter for FICPI CET 4 (Working Group for European Patents);…
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Turkish Patent and Trademark Office (“the Office”) published The New Trademark Examination Guideline (“Guideline”) on September 30, 2019. The guideline defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of Industrial Property Code (“the IP Code”) that came into force in 2017.
The Guideline aims to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that…
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The Re-examination and Evaluation Board of TURKPATENT has acknowledged that EBAY should be recorded as a well-known trademark in Turkey
The board took into account the status of the mark around the world and in Turkey, with a focus on the realities of the Turkish marketplace
It is important to appeal unfavourable first-instance decisions to take advantage of the REEB examiners’ experience and broad understanding of trademarks
Background
Well-known status provides extensive…
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A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the German company was infringing its non-examined patent granted by the Turkish Patent and Trademark Office (‘TPTO’). As a counter-attack, the German company and its Turkish authorized dealer filed an invalidation action against the non-examined patent in question before the same Court.…
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Uğur Aktekin and Mutlu Yıldırım Köse has contributed to the Turkey chapter of International Design Protection book which is published by Globe Law and Business Ltd in March 2017.
Description
Designs have underpinned much of the technological and industrial innovation of recent years. They have become increasingly valuable within the portfolio of intellectual property rights. Indeed, given the extent to which economic growth is driven by these advancements and the…
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With its decision dated 31.01.2019, General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non – use.
In the lawsuit filed before Istanbul (Closed) 4th Intellectual and Industrial Rights Civil Court in 2012, the defendant’s trademark was requested to be revoked…
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On 30 September 2019, the Turkish Patent and Trademark Office published The New Trademark Examination Guideline that defines the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code that came into force in 2017.
The main purpose of the Guideline is to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that are explained in the IP Code…
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As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual property rights of a rights owner.
For a quite long time patent owners were squeezed between conflicting approaches in the implementation of, on the one hand, the legal interest condition in determination of non-infringement actions (DNI), and, on the other hand, the Bolar exemption in…
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FICPI – TURKEY arranged its sixth roundtable meeting on opposition proceedings of European Patents before the European Patent Office (“EPO”), the protection of the amended version of already validated patents in Turkey following the opposition procedure and how the opposition procedures of the Turkish Patent and Trademark Office (“Office”) should be as per the new law.
Mr. Barış Atalay, who is a European and Turkish Patent Attorney and member of FICPI – TURKEY, moderated the…
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Amendments to the Turkish Property Code were published in the Official Gazette on 8 July 2019
Notarised signature declarations/notarised signature circulars are no longer required for a number of procedures
It is hoped that this will eliminate paperwork and speed up processes at the Patent and Trademark Office
The Turkish Regulation on the Implementation of the Industrial Property Code, which is the main regulation for industrial property rights, has been amended by a…
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Red Bull opposed an application for a colour combination mark for goods in Class 32 based on earlier colour/device marks for identical goods
The examiner found, among other things, that there was no risk that the application would take unfair advantage of, or be detrimental to, the distinctiveness or well-known status of Red Bull’s marks
The board disagreed, finding that the application was confusingly similar to Red Bull’s marks and might mislead consumers as to the source…
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Co-published
Regulatory data protection (RDP) terms are dealt with only in the Licensing Regulation of the Ministry of Health (MoH). In principle the provision grants the protection of data for six years following the first marketing authorisation for a drug granted in the European Union. However, there is no mechanism to prevent a generic drug company from using the data before the term expires. The MoH interprets the provisions as granting market exclusivity and allows…
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