AI technologies and generative AI models enabling the creation of original content by processing text, images, sound and other data have been a hot topic of this year. Should the outputs generated by AI be copyrighted work, if so who owns the rights, and copyright infringement by use of AI have been widely discussed.
The general rule appears to be that an AI cannot have rights to the works it generates and that only human creativity can enjoy copyright protection. In the…
»
The PTO has refused an application for MA MONDE FRESHEN UP & SHINE following an opposition by a foreign cosmetics company
The fact that the applicant sought to register a sign identical to the opponent’s trademark could not be a mere coincidence
The Trademarks Department also considered the opponent’s trademark registrations and usage abroad, as well as the applicant’s bad faith
The Trademarks Department has found that the application for MA MONDE FRESHEN UP &…
»
Foreign pharmaceutical trademarks, in principle, are registered in the name of the companies in the countries where they are established, and trademark protection procedures are managed by those companies. Although affiliates in Türkiye are not a party to trademark protection proceedings, since they become the marketing authorization holders of the drug, they are considered the relevant addressee of the Ministry of Health (“MoH”) in all transactions related to the…
»
Law No. 7416, amending E-Commerce Law came into effect on January 01, 2023. This law obliges e-commerce platforms to take down a product if they receive a legitimate complaint alleging that a violation of intellectual and industrial property rights has occurred on their platform.
According to Law No. 7416, the general principle is that the intermediary service provider (i.e., the platform) is not responsible for the illegality of the content offered by the service provider.…
»
The impact of the spread of artificial intelligence (“AI”) technologies can be seen in many areas of law, including trademark law. The rapid development of AI technologies has given rise to the need to re-evaluate some of the basic practices and concepts of trademark law.
The first aspect of these developments is the use of AI in trademark application, registration and other related administrative procedures. As can be seen from the Index[1] published by the World…
»
The development of NFTs, artificial intelligence, and the metaverse has seen many individuals and legal entities start to include virtual goods and services within the scope of their trademarks. Discussions have been widely held about whether virtual goods and services are similar to physical goods and services and under which class these goods and services should be included in the Nice Classification, and the following developments have taken place in this regard.
In a…
»
In its decision dated 21.12.2022 and numbered 2021/5302 E.(Merits), 2022/9311 K.(Decision), the 11th Civil Chamber of the Court of Cassation upheld the Regional Court of Appeal’s decision regarding a refiled trademark application that because the plaintiff could not prove genuine use in class 44, a vested right in the plaintiff’s favor over the “M…” trademark was not constituted.
On June 07, 2013, a trademark application was filed for the registration of the trademark “M…” in…
»
Turkish IP legislation is mostly in compliance with EU legislation. With the adoption of IP Code No. 6769 back in 2017, it is fair to say that legislation regarding trademarks, designs and patents is in line with international norms and standards. While the legal framework provides a solid foundation for IP rights protection, practical obstacles persist, revealing the need for further improvements.
A significant challenge has been the limited specialized knowledge among…
»
With a coastline of almost 9,000 kilometers and over 550 blue flag beaches, Türkiye welcomes millions of domestic and foreign tourists during the summer season each year. The most popular area for summer vacations is known as the Turkish Riviera, comprising the cities of Antalya and Muğla in particular, and also some parts of Aydın and Izmir, encompassing the main districts of Alanya, Antalya, Kemer, Fethiye, Marmaris, Bodrum, Kuşadası and Çeşme from the south to the west…
»
With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the…
»
In addition to domain names such as "com.tr" and "org.tr", which are already being allocated in Türkiye, allocation of domain names in the structure of "a.tr" has also become possible as of September 14, 2023. Domain names in the structure of “a.tr” do not include extensions such as ".com", ".net", ".org", etc. but have a direct country code extension of ".tr".
Domain names in the structure of "a.tr", which have their legal basis in Provisional Article 3 of the Regulation on…
»
FILA Luxemburg SARL opposed the registration of the figurative mark EILO based on the earlier well-known FILA marks
While the Trademarks Department rejected the opposition, the Re-examination and Evaluation Board decided in the opponent’s favour
The board notably concluded that the application was similar to the FILA marks in its overall appearance
The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has recently rejected a trademark…
»
