The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so
Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO
New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry
Background
In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had…
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Service by publication has come into effect
Turkish Patent and Trademark Office put discussions over well-known trade mark registry on its agenda
Turkish Patent and Trademark Office’s official website was updated
Service by publication has come into effect
Notification procedure was a significant issue at the Turkish Patent and Trademark Office (Office) since it not only causes delays in the application processes but also affects the IP right holders using their rights.…
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Introduction
It is common practice for companies to provide business credit cards to certain employees who have managerial responsibilities and/or make frequent payments on behalf of the company in scope of their duties. It is also common for these companies to encounter situations where employees will use business credit cards for personal expenses either intentionally or by mistake. In cases where the employers suspect that an employee has used their business credit card…
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Earlier this year the Turkish minister of health announced that President Recep Tayyip Erdogan had made a compulsory licence decision about the active ingredient molnupiravir. In line with the fact that the decision was made directly by the president, it was understood that the provision of a compulsory licence due to public interest was applied. However, the patent owner was not notified of the presidential decision nor was it publicly accessible, so the terms, the licensee…
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On 25 August 2022, the Social Security Institution Reimbursement Regulation (Turkish language) was published in the Official Gazette numbered 31934. The regulation has replaced the previous Social Security Institution Reimbursement Regulation from 2016. The most important amendments are made on the Pharmaceutical Reimbursement Commission's (PRC) working procedures.
The regulation includes new definitions for therapeutic reference (TR) group, biosimilar medicinal product…
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The Social Security Institution’s (“SSI”) Regulation on Drug Reimbursement (“Regulation”) was published in the Official Gazette no. 31934, dated 25.08.2022. With this new Regulation, the Social Security Institution Drug Reimbursement Regulation dated 10.02.2016 was abolished.
The most important amendments that came into force with the Regulation are the introduction of new definitions, new provisions regarding the prioritization of the applications for the reimbursement of…
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Bakırköy 1st Civil IP Court, in an invalidation action against a registered trademark where trademark infringement and unfair competition is also claimed due to use of the challenged registered trademark, decided to accept the case and ordered for invalidation of the challenged trademark registration as per senior trademark rights of the plaintiff, also decided for determination and revocation of the trademark infringement and unfair competition caused due to use of the…
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The IP Court found that there was no likelihood of confusion between the parties’ ‘V’ marks, contradicting the expertreport’s evaluation
Versace’s mark included fi gurative elements that rendered it distinctive, while the plaintiff’s marks included descriptivephrases
The decision confi rms that the likelihood of confusion assessment shall be stricter when it comes to one-letter trademarks
Background
An opposition was fi led against Gianni Versace SRL’s trademark application…
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The Advertisement Board rendered an important decision regarding comparative advertising practice on August 9, 2022. The decision pertains to the advertisement published in the catalogue offered to consumers monthly by a globally-known cosmetics and fragrance company which compared two of its fragrances with the products of two world-famous fragrance brands.
The advertisement published in the catalogue of the advertiser regarding its products contains the expressions of “It…
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Several amendments were made to the Law on the Protection of the Consumer (the “Law”) on April 1, 2022, most of which will come into force on October 1, 2022. We have evaluated the amendments made to the Law comprehensively.[1]
In line with those amendments, substantial additions and amendments were also made in the Regulation on Distance Contracts (the “Regulation”) as published in the Official Gazette dated August 23, 2022 and numbered 31932. Many of the amendments to the…
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The Personal Data Protection Authority (the “DPA”) published the Draft Guideline on the Issues for Consideration about Processing of Genetic Data (the “Draft Guideline”) on August 24, 2022.
The DPA indicated the importance of genetic data and emphasized that the information acquired by processing genetic data, which is data of special nature as per Law on Protection of Personal Data (“DPL”), is extremely sensitive and might have results that can affect the entire society. For…
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Non-Fungible Tokens (NFTs), which are among the hottest topics as of 2021 are discussed at court decisions in various jurisdictions, and similarly in Turkey, Istanbul 3rd Civil Intellectual Property Court (“IP Court”) rendered a preliminary injunction regarding NFTs on June 21, 2022.
The subject of the dispute pertains to exploitation of the portrait of the late Cem Karaca, who is an artist, songwriter and composer with a legendary reputation in Anatolian Rock music.
In the…
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