Patents, Trade Marks, Copyright and Designs in Turkey: Overview
Patents 1. What are the legal requirements to obtain a patent? There are three main patentability criteria: Industrial applicability. Surpassing invention step. Novelty. For inventions that meet these criteria and application must be filed with the Turkish Patent Institute to register the patent. 2. What categories are excluded from patent protection? The categories that are aligned with Article 53 of the European Patent Convention (EPC) are (Article 6, Patent Decree… »
Yours and Mine: Protect Your Law Firm’s Intellectual Property Assets
Creating and maintaining a reputabie and trusted brand has become increasingly important for all law firms. Trademarks and copyrights are the most important IP rights for law firms and should be given a high level of attention by senior management. Trademarks form the legal basis for protecting a law firm’s brand, while copyrights form the legal basis for protecting its knowledge. In order to have a successful and sustainable business, both the firm’s brand and knowledge need… »
Court Clarifies Differences in Scope Between Articles 7/1(b) and 8/1(b) of Decree Law
The Court of Appeal has established and clarified the differences in scope and implementation between Article 7/1(b) and Article 8/1(b) of the Turkish Decree Law 556 pertaining to the Protection of Trademarks (Decision 2010/10214E). Article 7/1(b) provides that the Turkish Patent Institute (TPI) can reject ex officio trademark applications that are identical, or indistinguishably similar, to earlier trademarks or trademark applications. In contrast, Article 8/1(b) provides… »
How to Combat Persistent Infringement
As a bridge between Europe and Asia, Turkey’s unique a geographic location has always been an attractive venue for IP infringers. It is not an exaggeration to say that almost all IP owners could recount at least one infringement experience in Turkey. It is also very common to hear complaints that the enforcement tools are not efficient enough to overcome the persistent activities of the dedicated, and in some cases very creative infringers in Turkey. While it may be true that… »
Court of Appeal Considers 'Likelihood of Association' and 'Trademark Series' Concepts
First, the IP Court had determined that 'W' was the main and distinctive part of the trademarks that were the basis of the opposition, and that 'king' is a word that is commonly used to identify quality, especially in the temporary accommodation and hotel management sector, which fell within the scope of protection of the trademarks. Further, it established that the addition of the word element 'king', even though it is visually and aurally dissimilar to the earlier… »
Court of Appeal Considers Likelihood of Association and Trademark Series Concepts
On December 3 2012 the 11th Civil Chamber of the Court of Appeal upheld a decision of the Ankara Second IP Court in which the latter had determined that the trademark W-KING was confusingly similar to the trademarks W (and device), W RETREAT & SPA, W HOTELS and W HOTELS (and device) in Classes 37 and 43 of the Nice Classification. The IP Court found that adding a word element to the distinctive part of a mark is insufficient to create distinctiveness and eliminate the… »
Directors’ and Officers Liability Insurance in View of the New Turkish Commercial Code
Ι. Introduction and General Background The use of directors’ and officers’ (“D&O”) liability insurance is relatively new and limited in Turkey. The new and elevated standards on corporate governance rules introduced by the new Turkish Commercial Code {“the TCC”) such as the introduction of universal accounting and auditing standards and rules for increase of transparency is expected to support the operability of liability provisions and lead to increase in demand for… »
Directors’ and Officers Liability Insurance in View of the New Turkish Commercial Code (1)
Ι. Introduction and General Background The use of directors’ and officers’ (“D&O”) liability insurance is relatively new and limited in Turkey. The new and elevated standards on corporate governance rules introduced by the new Turkish Commercial Code {“the TCC”) such as the introduction of universal accounting and auditing standards and rules for increase of transparency is expected to support the operability of liability provisions and lead to increase in demand for… »
Well-Known Status of Earlier Marks Taken Into Account in Opposition Proceedings
In January 2011 SPA Fonksiyonel Gıda İçecek ve Turizm Yatırımları Ticaret İthalat İhracat Limited Şirketi filed an application for the registration of DIABLO ENERGY DRINK (and device) for all goods falling within Classes 29 and 32 of the Nice Classification: Red Bull GmbH filed an opposition against the application on the grounds that it was confusingly similar with the following RED BULL marks: Red Bull also argued that its trademarks are well known in Turkey. Red Bull… »
TPI Records UGG as Well-Known Trademark
The Turkish Patent Institute (TPI) has accepted Deckers Outdoor Corporation's application for the recordal of its UGG mark as a well-known trademark. Deckers had submitted comprehensive evidence to the TPI together with its application, including:registration certificates; affidavits; pictures of Ugg boots worn by celebrities; financial statements; documents evidencing raids conducted against infringers in Turkey; and a reasoned decision of the Fourth IP Court of Ankara… »
Turkey: The New Turkish Regulation For Foreign Satellite Broadcasters
Featured Article: The new Law on Principles of Radio and Television Broadcasts (the “RTUK Law”) entered into force in March 03, 2011 in Turkey and has been issued in accordance with the European Convention on Transfrontier Television. Some important changes in terms of broadcasting principles as well as broadcasting licenses are brought with the new RTUK Law. Namely, RTUK (the Supreme Council of Radio and Television) is now on the process of a new development affecting the… »
TPI Applies Wide Interpretation of Likelihood of Confusion Between Device Marks
In a recent decision involving Red Bull GmbH’s bull device, the Turkish Patent Institute (TPI) has interpreted the likelihood of confusion between two device marks in a wide sense. In March 2011 a trademark application was filed for a bull device in the name of an individual for “clothing, footwear and headgear” in Class 25 of the Nice Classification. Red Bull filed an opposition against the application on the grounds that it was confusingly similar to: its RED BULL and… »