New IP law abolished the provisions concerning the use requirement of patents and evidence on ailed in the Decree Law on the
Protection of Patent Rights. Instead, IP law now mentions the use requirement within the provision on compulsory licences, as a consequence of non-use of a patent.
Accordingly, a patent owner must use the patented invention. When assessing the use, market conditions and conditions under the control of the patent owner, as well as outside their control…
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The Re-examination and Evaluation Board (the ‘Higher Board’) of the Turkish Patent and Trademark Office has found that, in addition to the similarity of the word elements in the trademarks under comparison, the presence of a device element similar to the opponent’s trademark as actually used increased the likelihood of confusion.
Facts
On November 28 2016 and November 30 2016 two individuals applied to register the signs depicted below, both in Class 41.
Following…
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In accordance with the Law on the Amendment of Certain Laws for the Improvement of the Investment Environment numbered 7099 which was published in the Official Gazette on 10 March 2018 (“Law”), along with the regulations made in the Turkish Commercial Code, Tax Procedural Law, Social Security and General Health Insurance Law, Law on Municipal Revenues, Customs Law, there have been several changes made in the Law on Movable Pledge in Commercial Transactions numbered 6750with…
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Principle decision of the Personal Data Protection Authority (“Authority”) outlining necessary precautions to be taken by data controllers while processing specially qualified personal data has been published on the Official Gazette on March 07, 2018.
The decision is based on Article 6/4 of Turkish Personal Data Protection Law numbered 6698 (“Law”) which states that sufficient precautions defined by the Authority must be also taken into account while processing specially…
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Wide ranges of studies are being carried out for the improvement of investment environment. As to these studies, a new law called Law on the Amendment of Certain Laws for the Improvement of the Investment Environment numbered 7099 (the “Law”) has been published in the Official Gazette on 10.03.2018 in order to (i) support the investors, (ii) speed up the investment process and establishment process of a company, (iii) reduce the costs and (iv) boost the economy. There have…
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Since Turkey became a member of the European Patent Convention (EPC), the question of whether Turkish validation and enforcement of a European patent applies while proceedings before the European Patent Office (EPO) are pending has become a hot topic.
The owner of a European patent (EP) is normally concerned about how the pending opposition/appeal proceedings before the EPO will impact the enforceability or validity of the national patent in Turkey.
The strength of a patent…
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