Key aspects of intellectual property licensing
Degree of exclusivity
1. Describe what is understood by each of the below terms in your jurisdiction.
Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed IP rights unless they explicitly reserve this right.
Turkish Patent and Trademark Office (“the Office”) published The New Trademark Examination Guideline (“Guideline”) on September 30, 2019. The guideline defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of Industrial Property Code (“the IP Code”) that came into force in 2017.
The Guideline aims to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that a...»
The Re-examination and Evaluation Board of TURKPATENT has acknowledged that EBAY should be recorded as a well-known trademark in Turkey
The board took into account the status of the mark around the world and in Turkey, with a focus on the realities of the Turkish marketplace
It is important to appeal unfavourable first-instance decisions to take advantage of the REEB examiners’ experience and broad understanding of trademarks
Well-known status provides extensive ...»
A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the German company was infringing its non-examined patent granted by the Turkish Patent and Trademark Office (‘TPTO’). As a counter-attack, the German company and its Turkish authorized dealer filed an invalidation action against the non-examined patent in question before the same Court. ...»
Global Patent Litigation aims to fulfill the increasing need for quality information on the strategy and practical aspects of patent litigation in the major trading countries of the world. Global Patent Litigation starts with a description of how strategy is formulated in international patent litigation, including the main provisions of the European Patent Convention and the European Patent Office.
Next follow chapters by experienced patent litigators on the laws of their res...»
Uğur Aktekin and Mutlu Yıldırım Köse has contributed to the Turkey chapter of International Design Protection book which is published by Globe Law and Business Ltd in March 2017.
Designs have underpinned much of the technological and industrial innovation of recent years. They have become increasingly valuable within the portfolio of intellectual property rights. Indeed, given the extent to which economic growth is driven by these advancements and the ever-increas...»
With its decision dated 31.01.2019, General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non – use.
In the lawsuit filed before Istanbul (Closed) 4th Intellectual and Industrial Rights Civil Court in 2012, the defendant’s trademark was requested to be revoked p...»
On 30 September 2019, the Turkish Patent and Trademark Office published The New Trademark Examination Guideline that defines the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code that came into force in 2017.
The main purpose of the Guideline is to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that are explained in the IP Code ...»
As per Article 154 of the Turkish IP Law any person who has a legal interest can file an action to have the Court determine that his acts do not constitute an infringement of the intellectual property rights of a rights owner.
For a quite long time patent owners were squeezed between conflicting approaches in the implementation of, on the one hand, the legal interest condition in determination of non-infringement actions (DNI), and, on the other hand, the Bolar exemption in p...»
Legislative framework and causes of action
Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property.
At national level, the Industrial Property Code (6769...»
Amendments to the Turkish Property Code were published in the Official Gazette on 8 July 2019
Notarised signature declarations/notarised signature circulars are no longer required for a number of procedures
It is hoped that this will eliminate paperwork and speed up processes at the Patent and Trademark Office
The Turkish Regulation on the Implementation of the Industrial Property Code, which is the main regulation for industrial property rights, has been amended by a regul...»
Red Bull opposed an application for a colour combination mark for goods in Class 32 based on earlier colour/device marks for identical goods
The examiner found, among other things, that there was no risk that the application would take unfair advantage of, or be detrimental to, the distinctiveness or well-known status of Red Bull’s marks
The board disagreed, finding that the application was confusingly similar to Red Bull’s marks and might mislead consumers as to the source ...»