Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional
An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority
The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the…
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Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional
An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority
The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the…
»
Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing…
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In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye.
The Role of TRABIS
TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names.
Upon the introduction of TRABIS, the first-come…
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The defendant in a non-use revocation action argued that the pandemic was a force majeure event which had compelled it to cease using its trademark temporarily
The court disagreed, holding that the mark at issue, registered for personal care goods in Class 3, should have been used even more intensively during the pandemic
The pandemic will not, in itself, be accepted as a justified reason for non-use in revocation actions
After the covid-19 pandemic was declared globally…
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Selin Sinem Erciyas and Zeynep Çağla Üstün explore whether Turkey, as a non-EU state party to the European Patent Convention, might still face the Unified Patent Court’s jurisdiction under EU regulations.
After many years of deliberation, a majority of the EU member states accepted the Agreement on a Unified Patent Court (the Agreement) in 2013 and it entered into force on June 1 2023.
The objective of the Agreement was to ensure speed and uniformity in proceedings by…
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