Does the ‘part included in the whole’ principle apply to services under Class 35?
The Court of Appeal recently issued a decision stating that although a trademark application for retail services of certain goods in Class 35 was similar to a senior trademark – the scope of which was indicated with general phrases such as “retail services of all/various goods” in Class 35 – the application could not be rejected on the grounds of confusing similarity unless the owner of the senior trademark proved that it was genuinely used (or at the very least, serious… »
Life Sciences Newsletter, May 2017
Ministry of Health to follow EU Medical Devices Regulations Bentley James Yaffe and Nehir Aydeniz, Gün + Partners Following the EU’s adoption of Regulations (EU) 2017/745 on medical devices and 2017/746 on in vitro diagnostic medical devices of 5 April 2017, the Turkish Medicines and Medical Devices Agency announced in May that the two new regulations would also be adopted in Turkey. The announcement stated that the regulations would be published as nationally applicable… »
Turkey: Draft Regulation on Data Controllers’ Registry
On May 5th, 2017 the Turkish Data Protection Authority published the Draft Regulation on Data Controllers’ Registry (“Draft Regulation”) for comments to be submitted. The Draft Regulation is based on Article 16 of the Law on the Protection of Personal Data (“Law”) which came into force last year on April 7th, which states under the supervision of the Board of Protection of Personal Data (“Board”), Data Controllers Registry (“Registry”) will be kept by the Presidency of the… »
Draft Regulation On Data Controllers’ Registry
On May 5th, 2017 the Turkish Data Protection Authority published the Draft Regulation on Data Controllers’ Registry (“Draft Regulation”) for comments to be submitted. The Draft Regulation is based on Article 16 of the Law on the Protection of Personal Data (“Law”) which came into force last year on April 7th, which states under the supervision of the Board of Protection of Personal Data (“Board”), Data Controllers Registry (“Registry”) will be kept by the Presidency of the… »
New rules and regulations on implementing the co-existence principle
The Industrial Property Code (6769), which abolished previous IP-related decree laws, and the regulation on its implementation entered into force respectively on January 10 2017 and April 24 2017 (see “New IP Code enters into force: 2017 will be the year of IP rights” and “Entry into force of new Regulation on the Implementation of the Industrial Property Code”). The code has introduced the long-awaited co-existence principle for trademarks and the possibility to overcome the… »
Anti-counterfeiting: A Global Guide 2017, Turkey Chapter
Legal framework Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial… »
Entry into force of new Regulation on the Implementation of the Industrial Property Code
Industrial Property Code The Industrial Property Code 6769, which abolishes previous IP-related decree-laws and unites all IP rights, including trademarks, patents, industrial designs, utility models, geographical indications and traditional product names, was published in the Official Gazette and entered into force on January 10 2017 (see “New IP Code enters into force: 2017 will be the year of IP rights”). According to provisional Article 2 of the Industrial Property Code… »
Trade Mark Prosecution and Opposition Under The New IP Code
The New Turkish Industrial Property Code entered into force on January 10 2017. The IP Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs by unifying them into a single code. Among other reforms, the trade mark chapter includes changes relating to prosecution and opposition procedures for trade marks. These are now in greater compliance with the relevant European Union directives. First, the graphical… »
Court Decides on Issuance of Certificate of Inheritance for Foreign-owned Real Estate
Introduction If a foreign national who owns real estate in Turkey dies, his or her successors must have recourse to the Turkish courts and obtain a certificate of inheritance in order to complete the transfer of the real estate under their names before the land registry or be able to legally dispose of the property in any manner. Pursuant to Article 598 of the Civil Code 4721, the right and duty to issue certificates of inheritance was granted solely to the civil peace… »
Long Awaited IP Code of Turkey
In the 1990s,Turkey swiftly prepared and published decree-laws related to IP rights in order to fulfill its obligation of adopting national legislation related to IP rights with EU regulations so to become a member of the Customs Union. Decree-Laws which have the power of law were preferred since the procedure for passing them is less cumbersome and faster.They should have been converted into laws following the membership of Turkey to the Customs Union; however they… »
Turkish Court of Cassation refuses to extend scope of protection of Lacoste’s well-known trade marks
Lacoste v. O ̈zlider Plastik Ve Metal Sanayi Ticaret Anonim Sirketi and Turkish Patent and Trademark Office, General Assembly of the Turkish Court of Cassation, E. 2015/11- 3127 K. 2016/114, 29 January 2016 The Turkish Court of Cassation, reversing its previous decisions on the matter, has rejected the action brought by Lacoste against registration of a ‘Crocodile’ trade mark for goods in classes 11, 20 and 21 of the Nice Agreement. The court has provided detailed criteria… »
“The IP Code” in Turkey
Update: “The IP Code” in Turkey Turkey abolished the current IP related decree-laws, and the Industrial Property Code No. 6769 (“the IP Code”) entered into force on January 10, 2017. Ugur Aktekin and Güldeniz Dogan Alkan, Gün + Partners, Istanbul, review the Turkish law update. In the middle of 1990s, Turkey had to adapt its national regulations related to IP rights with EU legislations in order to become a member of the Customs Union; Turkey rapidly enacted IP related… »