The first instance Civil Court for Intellectual and Industrial Rights (IP court) in its decision rendered in October 2020 pointed out that the use of the subject mark as a domain name solely is not deemed sufficient to prove the use of the mark as a trademark.
The decision concerns a revocation action due to non-use filed against a trademark which has been registered for more than five years, but has not been used properly and effectively on the relevant services within the…
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Introduction
At the beginning of COVID-19 pandemic, the world came to a halt, and it had to adjust its day-to-day needs to the present time. Governments adopted dramatic precautions to prevent the transmission of COVID-19: schools were closed, businesses were shut down, curfews were declared, and travel restrictions were adopted. One thing all these measures had in common was that they created greater challenges to holding in-person meetings. This undeniably impacted…
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FICPI-Turkey’s final event of 2020, “Office management in the new era and business development in the digital world” took place on November 12, 2020. FICPI-Turkey Board Member Gökçe İzgi and Chairman Uğur Aktekin moderated the webinar while Eraksoy Consulting Management Consultant Reşat Eraksoy and Gün+Partners Strategy and Business Development Director Umut Acar shared their experiences on “Office management in the new era” and “Business development in the digital…
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Introduction
Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws (Amendment Law) entered into force on its publication in the Official Gazette (31199) on 28 July 2020. One of the significant amendments introduced by the Amendment Law concerns Article 281 of the Civil Procedure Code (CPC) 6100, which regulates parties' objections to expert reports. With this amendment, parties can now request an extension from the court to file their objections against…
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By the amendments made to the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") on January 4, 2020, a Commercial Electronic Message Management System ("IYS") was created that allows receiving commercial electronic message approval, the use of the right to refuse, and the management of complaint processes and service providers intending to send commercial electronic messages were obliged to register with the IYS and upload the approvals…
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A recent ruling from a Turkish IP court breaks new ground in the ongoing battle for the European Patent Convention (EPC, 138/3) to be applied to patents in Turkey.
The Turkish IP Law prohibits amendments or limitations of claims or patent documents after a patent has been granted. The only exception to this is changes made by the patentee during the national post-grant opposition phase, which was introduced in 2017.
In line with the introduction of a post-grant opposition…
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Reviewing employees’ corporate e-mail addresses by employers and relying on any findings collected during the inspection in a potential termination has been a controversial issue in terms of protection of personal data and privacy. The Constitutional Court rendered two decisions within the last four years regarding the right to privacy and privacy of communication aspects of the matter. Both decisions particularly elaborate on information of employees.
Constitutional Court's…
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The New Regulation on Processing of Personal Data and Protection of Privacy in the Electronic Communication Sector (the "Regulation") published in the Official Gazette on December 4, 2020 will come into force as of June 4, 2021.
The Regulation sets forth procedures and principles applicable to the operators in in the electronic communication sector with respect to data (including personal data and data related to legal person subscriptions) which they collect within the…
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The IP Law of Turkey prohibits any kind of amendment/limitation of claims or patent documents after the patent has been granted. The only exceptions to this rule are the amendment/limitations made by the patentee during the national post-grant opposition phase, which was introduced to Turkish law in 2017.
As per the introduction of a national post-grant opposition procedure, the Law also prohibits any ruling to be made in a revocation action against a national patent, while…
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Registering and managing ‘.tr’ domain names was previously carried out by Nic TR, but will now be performed by the ITCA
The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future
In contrast to the old system, the new system allows domain name sales transactions
Background
Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of…
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The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the…
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In a recent case, a Turkish automotive company filed a patent infringement action against a German international automotive company, arguing that a system used in the cars of the German company infringed its non-examined patent granted before the Turkish Patent and Trademark Office (TPTO). In a counter-claim, the German company and its Turkish authorised dealer filed an invalidation action against the non-examined patent in question before the same court. Although at the…
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