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The Relationship Between Virtual and Physical Goods and Services

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… »

The Use Criteria For The Recognition of Vested Right Claim Based on a Prior Trademark

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… »

Overview of Turkish IP Protection: Navigating Challenges

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… »

Strategic Battlefield in Combating Counterfeiters: Turkish Riviera, West and South Coast of Türkiye

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… »

Examination of Novelty of Designs in Türkiye

A decision of 29 March 2023 of the General Assembly of the Turkish Court of Cassation has clarified whether the examination of lawfulness of the Turkish Patent and Trademark Office’s decision on absolute novelty of a design is limited to the evidence submitted in the opposition process or whether ex officio examination can be conducted at any phase. Güldeniz Doğan Alkan and Hatice İnci Turan report for Class 99. The facts of the case The design subject to the opposition The… »

Amendments Regarding the Turkish Personal Data Protection Came into Force

The Law No. 7499 on Amending the Code of Criminal Procedure and Certain Laws (“the, which includes the long-awaited amendments to the Turkish Personal Data Protection Law (the “Law”) and is also referred to as the 8th Judicial Reform Package, was published in the Official Gazette dated 12 March 2024 and numbered 32487. Various amendments affecting data controllers have been made. Accordingly, data controllers shall review their compliance efforts with the Law, update their… »

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