It has now been over a year since the entry into force of the long-awaited Industrial Property Code (the IP Code) in January 2017. While the IP Code replaced the decree-laws pertaining to the protection of trade marks, patents, geographical indications and industrial designs, by uniting them into a single code, it also introduced new provisions. This article aims to summarise the new provisions in general and analyse the issues surrounding the implementation of the major new…
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The smuggling police and customs enforcement officers take ex-officio action against smuggling offenses as per Anti-Smuggling Law no.5607, the basic purpose of which is fighting customs tax evasions. All smuggled products seized by such enforcement bodies are delivered to customs liquidation directorates for storage and sale.
In contrast, trade mark infringement is set forth in Industrial Property Law no.6769 as an offense being subject to a “criminal complaint” to be filed…
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The new Industrial Property Law entered into force on January 10 2017. It repealed and replaced decree-laws pertaining, among other things, to the protection of patent rights.
Decree-laws
Before the new law, decree-laws had set out clear provisions regarding use requirements, whereby patentees were obliged to use their patents within three years of its publication in the relevant bulletin. They had also set out clear provisions regarding evidence of use, whereby patentees…
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Double patenting is prohibited in Turkey under Article 21 of the Implementing Regulations to the European Patents Convention.
Under Article 21, if a European patent which designates Turkey and a national patent is granted to the same person, for the same subject matter and with the same application or priority date, the national patent lapses at the end of the opposition term set out in the European Patent Convention if:
the European patent is maintained as a result of…
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The Ritz Hotel Limited & The Ritz-Carlton Hotel Company, LLC v Sami Yorulmaz, 27.09.2016, 2016-M-7845 (finalized early 2017). Re-Examination and Evaluation Board of the Turkish Patent and Trade Mark Office
In this landmark decision, the Re-Examination and Evaluation Board (‘Board’) of the Turkish Patent and Trade Mark Office (‘Office’) concluded that, in some cases, one of the elements creating the mark can have a greater effect on average consumers. Thus these elements…
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A. Scope of protection
20.1 The scope of protection ofa patent is defineci in the various subparagraphs of article 89 of the lndustrial Property Code No. 6769 (‘iP Code’). Like most jurisdictions, the scope of protection is essentially determined by the claims, making use of the description and drawings far the interpretation thereof. it is important to note that this is not limited to a literal interpretation, although the scope cannot be extended to cover elements which…
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The Turkish Patent and Trademark Office (the Office) published the Regulation on the Code of Conduct and Discipline of Patent and Trademark Attorneys on May 18, 2017, following the entry into force of the Industrial Property Code on January 10, 2017.
Article 30/A of the Law of the Establishment and Functions of the Turkish Patent and Trademark Office no. 5000, which was introduced by Article 182 of the IP Code, sets forth that disciplinary sanctions shall be exercised against…
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The coming into force of the Regulation on the Code of Conduct and Discipline of the Turkish Patent and Trademark Office for Patent Attorneys and Trademark Attorneys, crystallised for the Board of Directors of FICPI Turkey the subject of the opening seminar as the Code of Conduct and Discipline Rules. The Board decided to organise two seminars in collaboration with the Turkish Patent and Trademark Office to reach as many patent and trademark attorneys as possible.
The first…
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Turkish Court of Appeal recently upheld two IP court decisions regarding bad faith
Cases concerned the SKINCODE 2 SWITZERLAND and BIELENDA trademarks
The cases reiterate the principle that there is no protection in law if a person has acted in bad faith
The Turkish Court of Appeal has recently upheld two decisions dated June 21 2017 rendered by the Civil Court for Intellectual and Industrial Property Rights (IP court) which determined bad faith by the applicant in terms of…
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The Turkish Patent and Trademark Office (PTO) published the Proof of Use Guidelines on April 28 2017 (please see “Turkish Patent and Trademark Office issues guidelines for proof of use of trademarks in opposition proceedings”), after the non-use defence was enacted by the new Industrial Property Code 6769 (IPC). In order to clarify the use and functions of this new procedure, the PTO issued an updated version of the guidelines on September 30 2017.
The PTO has added two major…
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Turkish Patent and Trademark Office issues guidelines for proof of use in opposition proceedings
Following the entry into force of the Industrial Property Code (6769) on January 10 2017 and the Regulation on the Implementation of the Industrial Property Code on April 24 2017 (see “New IP Code enters into force: 2017 will be the year of IP rights” and “Entry into force of new Regulation on the Implementation of the Industrial Property Code”), on April 28 2017 the Turkish…
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Following the entry into force of the Turkish Industrial Property Code (the IP Code) on January 10, 2017, a draft of the implementing regulation regarding the IP Code was immediately prepared and views of the stakeholders were collected. The regulation has been finalized and was published in the Official Gazette on April 24, 2017.
The most important provisions in the regulation with respect to trademarks are in relation to co-existence agreements and the use requirement in…
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