Constitutional Court: IP Rights to be Regulated by Law
The director of the Turkish Patent Institute recently gave a speech on the draft Patent Law, which amends certain clauses of the existing Patent Decree-Law. He stated that the aim of the draft patent law is to enable Turkey to develop its own pharmaceutical patents, to reduce dependence on imports and to harmonise national law with international agreements. While the draft Patent Law is still pending on Parliament’s agenda, the Constitutional Court recently handed down a… »
The liability of Hosting Providers for Trademark Violations in Connection with The Online Sale of Counterfeit Products Under Turkish Law
General Assembly of the Civil Chambers of the Court of Appeal, 2013/11-1138, 2014/6 The Court ruled that website operators will be held liable where the seller whose products are sold through the operator’s website infringes another party’s trade mark. Analysis of the Recent Decision of Turkish Court of Appeal There are no specific regulations governing the liability of online website sale operators in case the primary seller whose products are sold through the online sale… »
Are Second Medical Use Claims Medical Treatment Methods? Evaluation of a Recent Turkish IP Court Decision
Turkey has been a member of European Patent Convention (“EPC”) since 1 November 2000. European Patents, granted by European Patent Office, are validated in Turkey without further examination and protected as a national patent. The competence of EPO in patentability assessment is also respected by Turkish Supreme Court and it has been the case law to take the patentability assessment of the EPO into consideration during national invalidation cases, not only related to European… »
The Role of IP in Building a Reputable, Knowledge-based Law Firm
Intellectual Property (IP) rights are intangible assets that are either the creations of minds or are chosen or created in the form of distinctive signs. Among IP rights, trademarks and copyrights stand out as the most important and relevant for use by law firms. Trademarks form the legal basis for protecting a law firm’s brand, while copyrights form the legal basis for protecting its knowledge. Trademarks provide an exclusive ownership and protection perpetually as long as… »
WIPOs International Registration System: What Now, What Next?
Turkey adopted the World Intellectual Property Organization’s(WI PO) international registration system in 1999. Ugur Aktekin and Pinar Arikan in Istanbul examine the successes and failures of the sys-tem since its implementation 15 years ago. Historically, the protection of trademark rights has been dependent upon territorial registration. International brands and businesses have obliged to protect their trademark rights on an individual country- by-country basis, registering… »
Turkey: Turkish Patent Office Rejects A Trademark Application Due To Incorporating The Phrase “Cubano” Amongst Other Reasons
In August 2010, PC DESIGN SARL filed an application no. 2010/52790 for “cubano original eau de toilette natural spray + device” before the TPI for the goods specified in classes 03 and 33. HAVANA CLUB HOLDING S.A. (“HAVANA CLUB”) filed an opposition against the application on the grounds that the application is not registrable in accordance with Article 7/1 (c) of Decree Law, given that “it was not distinctive in the commercial industry, designated geographical origin and… »
Court Considers Third Party’s Product When Evaluating Novelty of Industrial Design
A recent decision by the Ankara First Civil IP Court has provided valuable guidance on the consideration of third-party rights during the examination of the novelty of industrial design registrations. In November 2010 Turkish company SPA Fonksiyonel Gıda İçecek ve Turizm Yatırımları Ticaret İthalat İhracat Limited Şirketi filed an industrial design application for the design reproduced below before the Turkish Patent Institute (TPI). Red Bull GmbH filed an opposition against… »
Court Considers Third Party's Product When Evaluating Novelty of Industrial Design
In November 2010 Turkish company SPA Fonksiyonel Gıda İçecek ve Turizm Yatırımları Ticaret İthalat İhracat Limited Şirketi filed an industrial design application for the design reproduced below before the Turkish Patent Institute (TPI). Red Bull GmbH filed an opposition against the application on the grounds of lack of novelty and distinctiveness based on the get-up of the Red Jak energy drink, depicted below, which was on sale in 2006 and 2007. The opposition was also… »
Turkish Restrictions on the Internet: The Highly Debated New Law in Turkey Enters into Force and is Subsequently Amended
Social Responsibility Turkish Restrictions on the Internet: The Highly Debated New Law in Turkey Enters into Force and is Subsequently Amended March 11, 2014 Articles — Bentley James Yaffe, Selin Sinem Erciyas and Uğur Aktekin Corporate and M&A Intellectual Property Services First Published: Mondaq, Co-Author, Featured Article: The Law Regarding the Amendment of the Decree Law on the Structure and Duties of the Ministry of Family and… »
Turkey’s New Internet Law Increases State Control
Turkey’s new internet regulations are being seen as draconian. Turkey’s controversial new Omnibus Law, which came into effect on 19 February, has introduced some significant changes to the existing internet publication law. The new law received criticism at every legislative stage, from the initial debates in the commission to the final approval by the president. It introduces amendments that will increase the mechanisms of state and judicial control over internet use and… »
TPI’s Change of Practice Should Help Prevent Bad-faith Applications
In an important decision, the Turkish Patent Institute (TPI) has changed its position concerning applications filed in bad faith. In April 2011 a trademark application consisting of two words – in which the second word was the trademark (registered worldwide) and trade name of an Italian company – was filed in the name of a Turkish company before the TPI. Although the Italian company filed an opposition against the application, it was expected to proceed to registration, as… »
Better Protection for Genuine Right Owners Against Trade Mark Squatters: Compensation for Damages for Bad Faith
General Assembly of the Civil Chambers of the Court of Appeals decision, 27 March 2013, Merit No 2013/11-209, Decision No 2013/399 The Turkish Court of Appeals (CoA), upholding a ruling of the Ankara IP court (Ankara 2nd Civil Court of Intellectual and Industrial Property Rights, decision of 24 February 2011; Merit No 2011/15; Decision No 2011/51), recently ruled that if it is determined by an IP court that the defendant filed an application in bad faith to obtain a… »