World Intellectual Property Day is celebrated every year to raise awareness on intellectual property on 26 April which is the establishment date of the World Intellectual Property Organization (WIPO) and this year’s theme is creative and innovative women. The importance of gender equality is apparent in the field of intellectual property, as it is in every field. Throughout history, women made undeniable contributions to science, art and technology despite all difficulties…
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The Law Amending the Enforcement and Bankruptcy Law and Certain Laws ("Amendment Law"), known as the 7th Judicial Package, was published in the Official Gazette (32154) dated 05 April 2023 and entered into force except for several provisions with later effective dates.
The Amendment Law sets out several changes in the fields of enforcement law, criminal law, and procedural law, and it expands the scope of mandatory mediation significantly. Some of the prominent amendments…
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Websites that are part of our daily lives consist of many elements such as webpages, the user interface, computer software, databases, and servers. Although there is no set of rules specifically applicable to them under Turkish law, their constituent elements and their content can be conferred legal protection if they meet the requirements of existing legislation. The question of whether websites are conferred additional legal protection separate from their constituent…
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The Legislative Proposal on the Amendment of the Law on Pharmaceuticals and Medical Preparations No. 1262, Certain Laws and Decree Law No. 663 (“the Legislative Proposal”) dated March 20, 2023, and numbered 2/5006 is an omnibus bill having some amendment offers regarding the regulating legislation of the health sector.
The Legislative Proposal suggests defining the obligation of registration and notification to the Drug Tracking System at the level of the law, updating the…
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We have previously reported on the Turkish Court of Cassation’s decision concluding that the Turkish Patent and Trademark Office (hereinafter will be referred to as “TURKPATENT” or “the Office”) has no authority to create and maintain a registry for well-known trademarks and discussed possible repercussions of this decision for trademark owners. (Please see https://www.worldtrademarkreview.com/article/court-of-cassation-reopens-debate-recordation-of-well-known-trademarks)
The…
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Until the Industrial Property Law No. 6769 (“IPL”) entered into force on January 10, 2017, procedures regarding trademark rights were carried out with the abolished Decree-Law No. 556 on the Protection of Trademarks (“Decree Law”). The concept of "revocation", one of the cases of termination of a trademark right, regulated in both legislations, was defined under Article 14 of the Decree-Law. However, Article 14 was cancelled by the Constitutional Court with the decision…
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In 2022, the Ankara Regional Court of Appeal (“the RCA”) rendered a decision for an appeal regarding a cancellation action against the Turkish Patent and Trademark Office’s ( “the Office”) decision. Based on this decision, it is concluded that if an argument is rejected during the opposition proceedings before the Office and no appeal is filed against the non-acceptance of this argument before the Higher Board of the Office (even though the decision is in favour of the…
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In 2022, the Turkish Court of Cassation (“TCoC”) rendered a decision evaluating that the use of a 3D trademark (shown below) as bag-locks on counterfeit goods infringed the trademark holder’s rights and the accused should have known that this 3D shape is a trademark.
The case subject to the precedent decision had started with the 3D trademark owner submitting a criminal complaint by arguing that their 3D trademark was used on counterfeit products. After the case turned into…
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The acts considered as infringement of trademark rights are regulated under Article 29 of Industrial Property Law no. 6769 (“IPL”) and article 29/1(c) states that “To imitate the trademark upon using the trademark or its indistinguishably similar version without the permission of the holder; to sell, distribute, to trade in any other way, to import, export, keep for commercial purposes the products bearing the trademark used by means of violation…” constitute trademark…
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The definition of "Social Network Provider" was first introduced in the amendments made to the Law numbered 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (“Internet Law”) that came into force on October 01, 2020. These amendments introduced several regulations for social network providers. The Information and Communication Technologies Authority ("ICTA") initially decided the scope and application of the regulations…
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In a recent case, the General Assembly of Civil Chambers of the Turkish Court of Cassation ruled that although the defendant argued that the earlier trade mark CERAN originates from the word “ceramic”, this is not the case and CERAN functions as a trade mark for Turkish consumers.
Therefore it can block the latter trade mark CERAMO from being registered for similar goods.
History of the dispute
The dispute dates back to 2015. Schott opposed the Turkish trade mark application…
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NFTs have been significantly popular in 2022 from a trademark law perspective like many other fields. As many more businesses in various industries have carried their trademarks to Metaverse and launched NFT collections in 2022, the number of trademark applications covering NFTs has significantly and proportionally increased .[1]
To satisfy the high demand and urging need caused by this trend, European Union Intellectual Property Office (“EUIPO”) published a guideline that…
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