Better Protection for Genuine Right Owners Against Trade Mark Squatters: Compensation for Damages for Bad Faith
General Assembly of the Civil Chambers of the Court of Appeals decision, 27 March 2013, Merit No 2013/11-209, Decision No 2013/399 The Turkish Court of Appeals (CoA), upholding a ruling of the Ankara IP court (Ankara 2nd Civil Court of Intellectual and Industrial Property Rights, decision of 24 February 2011; Merit No 2011/15; Decision No 2011/51), recently ruled that if it is determined by an IP court that the defendant filed an application in bad faith to obtain a… »
Turkey: Tackling Counterfeits at the Border
It has almost become tautological to state that Turkey’s geographical location makes the country not only a natural trade route, but also a thriving hub for the dissemination of counterfeit products around the globe. Turkey’s economy has enjoyed seismic growth over the past decade, and so has its counterfeit sector. However, in recent years have there have been stringent efforts to counteract the expansion and reduce the trade of counterfeit products in Turkey. To both… »
Third Party Right For Direct Claim Against Liability Insurer
1. Introduction & General Background Third party right for direct claim has been explicitiy recognized with a specific provision (Article 1478) introduced by the new Turkish Commercial Code numbered 6102 and dated January 13!h, 2011 OheTCC”). Until July 1st, 2012, when the TCC, with a wider insurance section and a specific part in relation to third party liability insurance, entered into force, there was no specific provision in the former TCC with respect to right of… »
Courts Protect Well-known US Trademark Never Used in Turkey
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… »
Turkish Patent Institute Gets Electronic Makeover
The Turkish Patent Institute (TPI) has improved its online system to ensure that users are able to file, track and oppose applications in just a few clicks. It has recently announced – on its website and in seminars organised in Ankara and Istanbul – details of further steps to implement a system that is both more efficient and in keeping with the demands of the contemporary technological society by January 2013. The current website has a user-friendly interface divided into… »
Comment: Closing The Gap – Counterfeit Drugs in Turkey
The World Health Organisation (WHO) define counterfeit pharmaceutical products as follows: “a counterfeit medicine is one which is deliberately, and fraudulently, mislabelled with respect to identity and/or source. Counterfeiting can apply to both branded and generic products, and counterfeit products may include products with the correct ingredients or with the wrong ingredients, without active ingredients, with insufficient active ingredient or with fake packaging.” The… »
Filing of several Applications Similar to Well-known Mark May Indicate Bad Faith
In a case involving the trademarks SAIKON and SEIKO, the 11th Civil Chamber of the Turkish Court of Appeal has considered that the filing of several trademark applications that were similar to a registered trademark was an indication of bad faith. The plaintiff, a Japanese watch company, filed an opposition against the application for the trademark SAIKON by Enerji Elektronik San ve Tic AŞ, on the grounds that: it was similar to its earlier registered trademarks SEIKO; its… »
New Online System for Customs Applications Introduced
The Turkish customs legislation concerning IP protection was amended on April 1 2013 and, as a consequence, IP rights holders can now file customs applications via the website of the General Directorate of Customs in Ankara. These customs applications cover all imported and exported shipments, as well as goods in transit at all Turkish customs gates and free trade zones. IP rights holders are entitled to file such applications directly, but must bear in mind that the new… »
Turkey: Turkish Patent Institute Opts For Paperless System
The Turkish Patent Institute (TPI) has taken steps towards a totally paperless system with its updated online system, enabling users to file, track and oppose applications in just a few clicks. This makeover, where notifications are also to be communicated electronically, ensures that applications are processed by up to half the amount of time, with the TPI expressing that it aims to review trademark applications within a six-month period, as opposed to the current… »
The New Playground for Electricity & Petroleum in Turkey
Turkey has been very active in terms of legislative changes relating to its energy market in the first half of 2013. A new law regulating the Turkish electricity market (“new EML”) was enacted in March, followed by the long-awaited new Petroleum Law (the “NPL”) in May. This legislative activity is a part of Turkeys efforts to improve its energy regulations and to attract more investors in its energy markets. This article explains the most important aspects of the new EML and… »
The New Playground for Electricity & Petroleum in Turkey (1)
Turkey has been very active in terms of legislative changes relating to its energy market in the first half of 2013. A new law regulating the Turkish electricity market (“new EML”) was enacted in March, followed by the long-awaited new Petroleum Law (the “NPL”) in May. This legislative activity is a part of Turkey’s efforts to improve its energy regulations and to attract more investors in its energy markets. This article explains the most important aspects of the new EML and… »
TPI Protects GUCCI Against HUCCI for Class 20 Goods
The Turkish Patent Institute (TPI) hasprovided wider protection for a well knowntrade mark against an application filed for dissimilar goods, considering that the application may be to the detriment of the distinctiveness of the well known trade mark. The applicant, Cevdet Akif Usta, applied to register its trade mark (illustrated, right) before the TPI for goods in class 20; this application was published in the Official Trade mark Bulletin on December 12, 2011. Guccio Gucci… »