In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye.
The Role of TRABIS
TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names.
Upon the introduction of TRABIS, the first-come…
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The defendant in a non-use revocation action argued that the pandemic was a force majeure event which had compelled it to cease using its trademark temporarily
The court disagreed, holding that the mark at issue, registered for personal care goods in Class 3, should have been used even more intensively during the pandemic
The pandemic will not, in itself, be accepted as a justified reason for non-use in revocation actions
After the covid-19 pandemic was declared globally…
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Selin Sinem Erciyas and Zeynep Çağla Üstün explore whether Turkey, as a non-EU state party to the European Patent Convention, might still face the Unified Patent Court’s jurisdiction under EU regulations.
After many years of deliberation, a majority of the EU member states accepted the Agreement on a Unified Patent Court (the Agreement) in 2013 and it entered into force on June 1 2023.
The objective of the Agreement was to ensure speed and uniformity in proceedings by…
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The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and…
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A recent decision by the Court of Cassation regarding trademark similarity in the food supplements and vitamins sector offers a different perspective on the criteria for assessing trademark similarity. This decision provides valuable guidance for launching these products in compliance with both trademark law and sector-specific conditions.
Background
The decision of the 11th Civil Chamber of the Court of Cassation (“CoC”) dated May 28, 2024 (case no. E. 2023/911, K.…
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At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2025 changes, which came into effect on 1 January 2025.
Minimum wage
In 2024 the monthly minimum wage rate was 20,002.50 Turkish liras (gross). As of 1 January 2025, this has increased to 26,005.50 Turkish liras (gross). The new rate applies from 1 January 2025 to 31 December 2025.
The minimum wage…
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The IP Court found that there was a likelihood of confusion between a figurative mark containing the words ‘Ankara çikolata peanut & caramel’ and earlier SNICKERS marks
The Regional Court of Appeals agreed, and the Court of Cassation dismissed the appeal
The well-known status of the opponent’s marks in the food sector enhanced the likelihood of confusion between the marks
A recent IP Court decision has highlighted the impact of conceptual similarity and well-known…
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The long-awaited Guidelines on Cross-Border Transfer of Personal Data (“Guidelines”), prepared to serve as a guiding document regarding the cross-border data transfers under the Personal Data Protection Law (“Law”), was published on the website of the Personal Data Protection Authority (“DPA”) on January 2, 2025.
With the amendments made in the Law effective as of June 1, 2024, along with a three-month transition period, and the publication of the Regulation on the Procedures…
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The owner of the marks BATIKAR and BATISOL in Class 5 sued the defendant for selling antiseptic disinfectants under the mark MIRADERM BATIMER
While the IP Court ruled in favour of the defendant, the Regional Court – and subsequently the Court of Cassation – found that the shared element ‘bati’ created a likelihood of confusion
Arguably, the courts did not take into account the specifics of the relevant sector and the global appreciation principle in the examination of…
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The intersection between competition and data privacy has emerged in recent years. Questions have arisen globally about whether processing of consumers’ (personal) data constitute a competition issue, and, how authorities and capabilities between the two approaches can be managed and cooperate.
Meta In the Origin of Investigations
On December 5, 2024, the investigation into Meta Platforms, Inc. (“Meta”) in Turkiye has been concluded following the acceptance of the…
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The Constitutional Court’s decision dated 14 March 2024 and numbered 2023/160 E., 2023/160 E., 2024/77 K. annulled Article 18/A of the Law No. 6325 on Mediation in Civil Disputes (“Mediation Law”). The annulled provision imposed a sanction on parties causing the mediation to end due to their failure to attend the first mediation meeting without a valid excuse, holding them liable for all litigation costs and attorney fees, even if they were partially or fully justified in the…
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The 12th Development Plan 2024–2028 (“Development Plan”) and the 2025 Presidential Annual Program (“Program”) set the development goals and strategic policies for various sectors in Türkiye.
In line with the Development Plan and Program, the pharmaceutical and medical device sectors are among those that emphasize key goals to increase Türkiye’s sustainability in the healthcare field, enhance domestic production capacity, and reduce dependency on imports. Overall, the aim is…
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