As a result of the cooperation between the Turkish Patent and Trademark Office (TURKPATENT) and WIPO,Turkey has taken its place among thecountries that enable applicants to file their international trademark applications directly through the Madrid e-Filing service.
Before this change, the MM2 form - the application form for the registration of international trademark applications - had to be filled in manually and submitted to TURKPATENT via the EPATS - TURKPATENT’s…
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The introduction of Industrial Property Code No. 6769 (IP Code) in Turkey in 2017 changed the definition of a trademark and explicitly listed colors as one of the signs that can be registered as trademarks using international color codes. But practice is showing that some color marks are easier to register than others.
Registering single color marks can be more difficult, which can also be the case when it comes to enforcing them.
Even before the legislative change…
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Key aspects of intellectual property right assignments
Definition of IP Rights
Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights?
Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey…
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Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components.…
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In 2020, an arbitration judgment was held in accordance with the ISTAC serial arbitration procedure regarding the compensation request for employee invention and, as far as it is known, this is the first and pilot file in which the Regulation on Employee Inventions, Inventions in Higher Education Institutions and Public Funded Projects, will determine the price tariff for employees’ inventions and the arbitration procedure to be followed in case of dispute.
Within the scope…
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The new IP Law (the “Law”) numbered 6769 abolished the provisions on “The use requirement of patents,” and “The evidence of use” of the Decree Law Pertaining to the Protection of Patent Rights. The Law now focuses on the requirements of use for patents within the provision of a Compulsory License.
Accordingly, a patent owner must make use of the patented invention within three years following publication of its granted decision in the Official Bulletin (‘the Bulletin’), or…
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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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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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This article aims to discuss similarity of goods and services in case of an opposition against a trademark application before the Turkish Patent and Trademark Office (the office).
Article 6/1-b of the IP Code sets forth that* “the trademark applied for shall be rejected in circumstances where it is identical or similar to an earlier application/registration, covers the same/similar goods or services therewith and creates a likelihood of confusion on the part of the public in…
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1. Within the context of the measures taken for combating COVID-19, how will Turkish Patent and Trademark Office (TURKPATENT) function?TURKPATENT is open and active. In order to keep the number of physically working personnel of TURKPATENT at minimum, flexible working methods such as remote or shift working will continue to be implemented. However, as TURKPATENT is a paperless office and has a functional e-filing system, the services of TURKPATENT are not interrupted in this…
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Impacts of Covid-19 on intellectual property in Turkey
Has the intellectual property office/IP Registry of your jurisdiction taken any measures due to Covid-19 and government/state actions to prevent spread of the virus?
The Turkish Patent and Trademark Office (TurkPatent) is open and active. According to the Presidential Circular No 2020/4, published in the Repeated Official Gazette dated 22 March 2020 and numbered 31076, it has been decided that the number of personnel…
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The initiative for the foundation of the FICPI Turkish section was started in 2012 by a handful of Turkish practitioners, who were individual members of FICPI. The aim of founding the National Section was to be more active within FICPI as Turkish members and to help shape the IP system in our country by keeping abreast of the developments in the world.
With the support of President of FICPI at that time, Mr Bastiaan Koester, the FICPI Bureau and the FICPI officers, various…
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