The new Turkish Intellectual Property (IP) Code came into force on January 10, 2017 (as previously reported in the INTA Bulletin on February 15, 2017, Vol. 72, No. 3 and on October 15, 2017, Vol. 72, No. 18), and introduced a major change to Turkish trademark law and practice with respect to the non-use defense in opposition and litigation proceedings. Under the new law, the Turkish Patent and Trademark Office must notify the applicant of an opposition filed against its…
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It is now mandatory to apply for mediation, before certain claims are brought, as follows:
for both employers and employees – claims regarding employee “receivables” and compensation arising from either the Labour Act, the employment agreement, and/or a relevant collective bargaining agreement; and
for employees – claims for re-instatement.
Mandatory mediation is not applicable to claims arising from occupational accidents and diseases.
Where mediation is mandatory, this…
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Kent Gida Maddeleri San ve Tic AS v Nako Iplik Pazarlama ve Ticaret AS, the decision of the Turkish Court of Appeals numbered E. 2016/2539 K. 2017/4808 and dated 27 September 2017
The Turkish Court of Appeals (CoA) has upheld the first instance IP Court’s decision ruling for the invalidation of the ‘Nako Jelibon’ trade mark covering ‘threads’ in Class 23, on the basis that the registration would: (i) negatively affect the distinctiveness of the wellknown ‘Jelibon’ trade mark…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 3 August 2018, an amendment (Turkish language) was made in the Decree Law on Some Regulations in the Field of Health, establishing the International Health Services Incorporated Company (USHAŞ). The purpose of the company is to facilitate health tourism in Turkey. All shares of USHAŞ shall be owned by Ministry of Treasury and Finance.
The duties of USHAŞ are to:
Promote the services offered in Turkey in the field of…
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Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32
Introduction
Under Turkish law, contracting parties should be bound by the terms and conditions of the contract under the sanctity of contract principle. However, following the conclusion of a contract, a change in circumstances may affect the performance of contractual obligations and applying the sanctity of contract principle could be against the…
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When evaluating bad faith claims,
the Turkish Patent and Trademark Office (TPTO) considal matters, but predominantly if the trade mark is an original sign that was created by a prior right holder. In a recent decision, the Office made an exemplary decision concerning bad faith.
The trade mark Carducci is owned by House of Monatic (Pty) Limited of Republic of South Africa. The stylised sign was first created in 1978, yet the firm does not have an earlier registration in…
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