Following an application for the annulment of Article 42/1(c) of Decree-Law 556 on the ground of unconstitutionality, referred by the Fourth IP Court of Istanbul, the Turkish Constitutional Court has ordered the annulment of that provision (Decision 2013/147 E 2014/75 K, April 9 2014). The decision of the Constitutional Court entered into force upon its publication in the Official Gazette No 29070 on July 24 2014.Article 42/1(c) of Decree-Law 556 reads as follows:
“A…
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§11.01 INTRODUCTION
Intellectual property rights (IPRs (IPR in the singular meaning)) have become the most valuable assets in the modern times of the global economy. The strength and financial importance of IPRs has also been well recognized in Turkey since 1995, the year of ‘Turkish IPR revolution’; the Turkish legal system relating to IPRs was amended to ensure conformity with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)1 and other…
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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…
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The Turkish Court of Appeals has reiterated its established precedent that the examination of confusing similarity must take into account the overall impression conveyed by the trademarks to the relevant public.
In December 2007 Ital Food Industry AD filed a trademark application with the Turkish Patent Institute (TPI) for the sign reproduced below in Class 30 of the Nice Classification. The mark consisted of words in both Latin and Cyrillic characters.
Turkish company Eti…
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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…
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After a series of legislative efforts in the mid and late 1990 is, all of Turkey’s IP related laws and regulations, including the Decree Law No. 556 Pertaining to the Protection of Trademarks have become compliant in almost all aspects with EU legislation. In addition to such major amendments in the laws and regulations, establishment of specialized IP Courts in major cities and structural changes within enforcement authorities and customs have enhanced the implementation of…
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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…
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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…
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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…
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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…
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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…
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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…
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