2020 was a difficult year for businesses as humanity started to live through the first global disaster of the millennium, the Covid-19 pandemic. Just as the fluctuations in the economy and our changing work and lifestyles due to long months spent at homes destroyed our understanding of “normal.” As a result, business mentality, preferences and actions taken during the crisis have all changed.
Although it is inevitable for trademark filings to be affected by these changes, the…
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Turkey’s first official diagnosis of COVID-19 was announced on March 11, 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic.
Incidentally, brand enforcement activities were also heavily affected, especially during the second and third quarters of 2020. However…
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When we take a closer look at the history of the Turkish judiciary system, the Court of Cassation has been an institution existing under different names and with different powers since 1868, and it serves as the supreme court of our judicial justice system. The Court of Cassation has taken the current position and duties together with the establishment of regional courts of justice, and the adoption of the triple justice system.
Prior to the establishment of regional courts…
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In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office (the Office) has no authority to create and maintain a registry for recording well-known trademarks.
The background of the case relies upon the fact that the plaintiff’s application to have its trademark recorded as well-known was rejected by the Office’s Re-examination and Evaluation Board (the Board). The plaintiff filed a…
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In principle, a court order rendered in one country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences, in Turkey, this decision needs to be legally recognized and/or enforced by Turkish courts. Regulations regarding the recognition and enforcement of foreign court decisions are stipulated between Articles 50 and 59 of the International Private and Civil Procedure Code (“IPCPC”), numbered…
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As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of…
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