The Industrial Property Code (6769), which abolished previous IP-related decree laws, and the regulation on its implementation entered into force respectively on January 10 2017 and 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”). The code has introduced the long-awaited co-existence principle for trademarks and the possibility to overcome the…
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Legal framework
Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial…
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Industrial Property Code
The Industrial Property Code 6769, which abolishes previous IP-related decree-laws and unites all IP rights, including trademarks, patents, industrial designs, utility models, geographical indications and traditional product names, was published in the Official Gazette and entered into force on January 10 2017 (see “New IP Code enters into force: 2017 will be the year of IP rights”). According to provisional Article 2 of the Industrial Property Code…
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The New Turkish Industrial Property Code entered into force on January 10 2017. The IP Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs by unifying them into a single code.
Among other reforms, the trade mark chapter includes changes relating to prosecution and opposition procedures for trade marks. These are now in greater compliance with the relevant European Union directives.
First, the graphical…
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In the 1990s,Turkey swiftly prepared and published decree-laws related to IP rights in order to fulfill its obligation of adopting national legislation related to IP rights with EU regulations so to become a member of the Customs Union. Decree-Laws which have the power of law were preferred since the procedure for passing them is less cumbersome and faster.They should have been converted into laws following the membership of Turkey to the Customs Union; however they…
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Lacoste v. O ̈zlider Plastik Ve Metal Sanayi Ticaret Anonim Sirketi and Turkish Patent and Trademark Office, General Assembly of the Turkish Court of Cassation, E. 2015/11- 3127 K. 2016/114, 29 January 2016
The Turkish Court of Cassation, reversing its previous decisions on the matter, has rejected the action brought by Lacoste against registration of a ‘Crocodile’ trade mark for goods in classes 11, 20 and 21 of the Nice Agreement. The court has provided detailed criteria…
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Update: “The IP Code” in Turkey
Turkey abolished the current IP related decree-laws, and the Industrial Property Code No. 6769 (“the IP Code”) entered into force on January 10, 2017. Ugur Aktekin and Güldeniz Dogan Alkan, Gün + Partners, Istanbul, review the Turkish law update.
In the middle of 1990s, Turkey had to adapt its national regulations related to IP rights with EU legislations in order to become a member of the Customs Union; Turkey rapidly enacted IP related…
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The withdrawal of an action allows the withdrawing party to re-file the same action. However, if a party waives an action, it also waives all of its rights to file the same action.
The action in the case at hand was filed for a declaration of non-infringement of a patent. The Istanbul 3rd Civil Court of Intellectual and Industrial Property (the 3rd IP Court) granted a decision in favour of the plaintiff, and held that the plaintiff’s formulation did not infringe the…
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Legal context
The Industrial Property Law No 6769 (this regulates all IP rights in a single code) came into force on 10 January 2017, and the legislation on trade marks in force at the time of the BUDA BENIM decision was Decree Law No 556 on the Protection of Trade Marks (the Decree Law), as amended in 2004, and its implementing provisions.
Article 8 of the Decree Law governed relative grounds for refusal of trade mark registration. According to Article 8/1(b) of the Decree…
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In a recent action before the Ankara Second IP Court (Merits No 2015/414 E, 2016/283 K), the applicant had requested the cancellation of four decisions rendered by the Turkish Patent and Trademark Office’s Re- Examination and Evaluation Board rejecting the registration of four trademark applications for the figurative marks PRIVAT KAFFEE, depicted below:
The applications had been opposed by a third party based on their confusing similarity with the word mark
PRIVAT and the…
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As Turkey is a member of EPC, any provision of the EPC has the power of national law and can be directly applicable for European patents validated in Turkey. However as is well known, the EPC does not have many provisions binding the national courts. One of them is Article 138/3 which gives the European patent owner the right to limit the patent in the event of an invalidation action and orders the national court to take the limited version of the patent as the basis of…
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Turkey began this year with a new law regulating and effecting almost all intellectual property rights, unifying them into a single code. This Industrial Property Code number 6967 (“the IP Code”) came into force on 10 January 2017.
The IP Code replaces the Decree Laws which regulated the protection of trademarks, patents, geographical indications and industrial designs. Turkey has a long tradition of protecting intellectual property rights and is signatory to almost all the…
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