Is Partial Victory a Real Victory?
Upon reviewing two decisions rendered by the Ankara Regional Court of Appeal (“the RCA”) in 2021 and 2023 in independent cases (the cases will be referred as “the 1st case” and “the 2nd case”), it is concluded that if an argument is rejected during the opposition proceedings before the IP Office and no appeal is filed against the non-acceptance of this argument before the Higher Board of the IP Office (even though the decision is in favour of the opponent), the IP Court… »
Payment Calculation Method For Journalist Severance Has Changed
Introduction Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (Press Labour Law) sets out the terms and conditions of employment of journalists. Article 6 of the Press Labour Law regulates journalists' entitlement to severance payment and termination of their employment contracts by employers. According to the former wording of the referred article, journalists with at least five years of professional service were entitled to… »
PTO Decision Sheds Light on Protection of Well-known Trademarks
The PTO partially upheld HP Hewlett Packard’s opposition against a mark containing the element ‘HP’ based only on the likelihood of confusion ground On appeal, the board upheld the opponent’s well-known trademark claim Notably, the opponent’s evidence showed the HP marks used in a blue colour and the contested mark displayed the same colour The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (PTO) has rejected a trademark application that… »
The Constitutional Court Rules that the Competition Board's On-Site Inspection Without a Judge's Decision Violates the Right to Immunity of Residence
In 2009, the Turkish Competition Authority (“Authority”) had conducted a preliminary investigation to determine whether there was a violation of Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054"), regarding restrictive agreements, concerted practices, and decisions about price, production, and sales information and forecasts among undertakings being members of the Automotive Distributors Association and the Automotive Industry Association. As a result… »
The Rise of Online Advertising and The Problems Related to Competition Law
Recently, with the fast development of the technology and the extensive use of communication tools and the internet, marketing strategies have also experienced a significant change. Traditional marketing methods have been rapidly replaced by online advertising. Online advertising, which is a form of advertising that utilizes various internet-based channels, as a marketing strategy used on digital platforms to increase trademark popularity, promote sales and create consumer… »
Regulation Amending the Regulation on Insurance Arbitration Has Been Published
The Regulation Amending the Regulation on Insurance Arbitration ("Regulation") entered into force following its publication in the Official Gazette dated 07 June 2023 and numbered 32214. Separate and aside from the additions made to the definitions article and the expanded duties of the Presidency of the Commission especially regarding the expert lists, the Regulation introduced specific arrangements regarding the working procedures of reporters and objection authorities and… »
Registry Practice Change Relating to Internal Directives for Representation of Companies
Istanbul Trade Registry (the “Registry”) published an announcement on its website regarding the issues to be considered regarding the scope and limits of representation authorization when preparing internal directives on representation. In joint stock and limited liability companies where the powers of the management body of the company are delegated to limited authorized representatives within the scope of an internal directive, it has become necessary to review the existing… »
New Regulations on Nutrition and Health Claims for Food and Food Supplements
New regulations published on the Official Gazette numbered 32169 and dated 20 April 2023 have introduced fundamental changes with respect to use of health claims for food and food supplements and use of nutrition claims. In this regard, the Turkish Food Codex Regulation on Nutrition Claims, covering nutrition claims, and the Regulation on Health Claims for Food and Food Supplements (“Regulation”), covering health claims for food and food supplements, have entered into force.… »
Does the Appeal Period for an Application For Legal Remedy Begin Upon Announcement of the Constitution
Background Under Turkish law, the time period for an application for legal remedies (appeal and cassation) against court decisions begins, in principle, once the parties have been notified of the decision. However, some laws stipulate that the time period begins from the announcement of the decision by the court to the parties present at the hearing. The courts of first instance usually only announce a summary of the judgment at the decision hearing. The courts provide their… »
The Protection of European Patents in Turkey and the Compensation of Damages
Pursuant to the Regulation Indicating the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey (the Regulation), a European patent application in which Turkey is designated is accepted as a national Turkish patent application starting from the moment an application number is given by the EPO. Once the application is filed before the EPO, the patent owners normally pursue the procedure before the EPO and then, once the patent is… »
The Guide to Challenging and Enforcing Arbitration Awards in Turkey - Third Edition
1 Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: • the names, surnames, titles and addresses of the parties, their representatives and lawyers;• the legal grounds on which the award is based and, if there is a claim for compensa-tion, the amount of compensation;• the place of arbitration and the date of the award;• the name, signature and a dissenting opinion, if any, of the arbitral… »
PTO Issues Important Decision on Distinctiveness of Trademarksconsisting of Device Element and Descriptive Words
The Trademarks Directorate refused an application for a mark consisting of a device and the phrase ‘Clinical Trial Center’ due to a lack of distinctiveness The REEB upheld the applicant’s appeal, concluding that the phrase was not the main element of the mark The device element was sufficient to render the mark distinctive The Re-examination and Evaluation Board (REEB) of the Turkish Patent and Trademark Office (PTO) has overturned a first-instance decision issued by the… »