Cosmetics and Other Products
The packaging and labelling requirements for cosmetic products are regulated under Cosmetic Law numbered 5324 (the “Law”) and the Regulation on Cosmetics (the “Regulation”) of the TITCK of the MoH. In addition to the Law and the Regulation, the Guidelines on the Promotional Activities of Cosmetic Products and the Regulation on the Health Claims of the Products that are Offered for Sale with a Health Claim (“Health Claim Regulation”) are still applicable, which means… »
Personal Health Data Protection
The protection of personal data (including personal health data) is regulated under Personal Data Protection Law (“DPL”) numbered 6698. The DPL provides legal reasons for the processing of personal data and for sensitive personal data (data relating to race, ethnic origin, political beliefs, philosophical beliefs, religion, denomination, or other faiths, clothing and attire, membership of an association, charity or union, criminal convictions, and security measures, as well… »
Dilemma Over Well-Known Trademark Registry Continues in Turkey
We have previously reported on the Turkish Court of Cassation’s decision concluding that the Turkish Patent and Trademark Office has no authority to create and maintain a registry for well-known trademarks and discussed the possible repercussions of this decision for trademark owners (Well-known Trademark Registry Is Again Open for Debate). In this article we will examine how practice has been shaped in the light of this decision, offer tips for brand owners during this… »
Is VR+ a Trademark or a Generic Name?
In Turkey, according to Article 5/1(b) and Article 5/1(c) of Industrial Property Code (“the IP Code”) numbered 6769, respectively, “signs which are devoid of any distinctive character” and “signs which consist exclusively of or includes as an essential element of signs or indications which serve in trade to designate the kind, type, characteristics, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or rendering of the… »
Turkish Patent and Trademark Office Updates Trademark Examination Guidelines
On 30 September 2019 the Turkish Patent and Trademark Office issued guidelines regarding the examination standards for trademark applications in terms of absolute grounds, which were the first of their kind under Turkish law. Recently, a new chapter concerning the substantive examination standards for the assessment of confusing similarity has also been published. The new chapter covers the topics below: the concept of ‘likelihood of confusion’; the similarity of goods and… »
Non-Fungible Tokens (NFTs) and Trademarks
Non-Fungible Token (NFT), which we have heard more often since the beginning of 2021, is a digital asset that uses blockchain technology and mostly operates within Ethereum. NFT is a digital token that cannot be exchanged or replaced and may represent many tangible objects in the real world, such as songs, artworks, GIFs, virtual game items, videos, cartoons. NFT is technically not the asset itself, whereas it is a metadata file that contains the unique combination of Token… »
Leveraging Civil and Criminal Routes in Trademark Infringement Cases
Five years have passed since the adoption of Turkey’s new Intellectual Property Code (“IP Code”), which annulled the Trademark Decree-Law no. 556 (“D-L”) back in January 2017. This piece of legislation introduced several changes to the trademark law. Some changes were expected for a long time, whereas some were surprising even to IP practitioners who were directly involved in preparing the draft of the IP Code. It would be fair to say that the Office and the courts almost… »
Alternative Remedy for Anticounterfeiting: Complaint Before Advertisement Board
In its recent decisions[1], the Advertisement Board imposed sanctions against the advertising of counterfeit products that were sold and advertised as genuine products on various websites Instagram pages, according to Law No. 6502 on Protection of the Consumer (“Consumer Protection Law”) and the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Advertising Regulation”). The complaints subject to these decisions are based on the fact that the… »
IP Rights Also Protect Public Health and Safety
This matter started as an ordinary anti-counterfeiting case after receiving a picture of a fire-resistant glass from a global manufacturer of such products. The logo trademark was simply printed on the glass, and due to several inconsistencies, it was explicitly a fake product. Nevertheless, when it turned out that the fake product was not fire-resistant at all, public health and safety became the major concern besides trademark infringement. After an investigation into the… »
The Role of Informed User and Freedom of Choice in the Assessment of Individual Character of a Design
Design law enables the protection of the appearance of a product. According to the Industrial Property Code (IP Code), a design must be new and have the individual character to obtain design protection. The overall impression produced by it on the informed user and the designer’s degree of freedom in developing the design must be observed to consider whether the design has individual character. While there is a reference to both the degree of freedom of choice and informed… »
Turkish Radio Television Supreme Board Sanctioned Scenes Relating to Stereotypes of Virginity
In its decision numbered 21 rendered at the meeting dated 28 April 2021 and numbered 2021/17; the Radio Television Supreme Board (“Board”) inspected a TV series called “Camdaki Kız” (the girl in the window) broadcasted in a national channel in Turkey and made remarkably critical evaluations for the scenes relating to stereotypes of virginity. The scenes and dialogues showing a mother forcing her daughter to wear a virginity corset throughout her all life starting from her… »
Patent Rights on Vaccines: Looking for a Scapegoat for Vaccine Inequity
It is the common goal to get through the pandemic, which endangers the health of all of humanity, and for that, all have been watching for a vaccine and treatment to overcome the pandemic as soon as possible. Scientists have managed to go beyond the known in a considerably short time, and multiple COVID-19 vaccines were developed. At this point, the equal distribution of vaccines emerged as a vital problem that hindered global salvation from this pandemic. While some… »