In 2024, significant changes and developments occurred regarding the administrative sanctions of the Advertisement Board.
The Law No. 7529 on Amendments to the Consumer Protection Law and Certain Other Laws, published in the Official Gazette No. 32707 dated 30 October 2024, introduced significant changes as of the date of publication, particularly concerning the administrative fines imposed by the Advertisement Board and the reconciliation against administrative fines.
The…
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With the entry into force of the Industrial Property Code no. 6769 (“IP Code”) on 10 January 2017, the administrative revocation of trade marks has been introduced into Turkish Trade Mark Law and revocation proceedings are entrusted to the Turkish Patent and Trade Mark Office (“the Office”) instead of Turkish Courts. However, the implementation of administrative revocation was postponed for 7 years, and during this transition period, revocation requests continued to be filed…
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One of the areas where the impact of artificial intelligence (AI) technologies have been intensively discussed is trademark law; while the changes brought about by this technology make attempt to provide innovative and effective processes in terms of registration processes and determination of infringement, it also makes it necessary to re-evaluate the basic concepts of trademark law.
This year, as in previous years, the use of AI technologies by the authorities in relation…
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The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The ICANN 81 meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and…
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Article 83 of Law No. 5846 on Intellectual and Artistic Works stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles'1.
An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as well as…
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Background
A Turkish company operating in the pharmaceutical sector, which owns the registered trademarks BATIKAR and BATISOL in Class 5, filed an infringement action against a pharmaceutical company selling antiseptic disinfectants under the trademark MIRADERM BATIMER.
The plaintiff argued that the expression ‘batimer’ was similar to their BATIKAR and BATISOL trademarks, particularly due to the shared ‘bati’ element, and that there was a likelihood of confusion.
Decisions
In…
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