In opposition proceedings, the Court of Appeal has found that there was copyright
infringement since the opponent’s logo had been copied in the mark applied for The well-known status of the earlier mark also served as a basis for the decision
Arguably, the court correctly found that the applicant’s trademark should not be registered, but erred in its reasoning
The owner of the DERBY trademark, registered and well known for razor blades, opposed an application for...»
In a case concerning trade mark and copyright law, the Turkish Court of Appeal has ruled that the use of a figure intensively cannot prevent the use of similar figures, as long as they are not identical.
A recent decision of the Court of Appeal concerned an application to register a trade mark (shown right) in classes 29 and 43. The word elements in this application can be considered of low distinctiveness: ET means “meat” in Turkish, and so is descriptive for som...»
The article 85(3) (c) of the Industrial Property Law, which excludes the marketing authorization application from the scope of the patent right, is interpreted by the IP courts against the patent holder in a disproportionate way. The exemption here is the procedures that generic companies required to perform before the Ministry of Health in order to obtain a marketing authorization. Thus, for example, it enables the generic pharmaceutical company that applied for marketing au...»
Key aspects of intellectual property right assignments
Definition of IP Rights
1. Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: Clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights?
Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey.
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.
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2020 the changes for 2020 came into effect.
In 2019 the monthly minimum wage rate was TL2,558.40 (gross). As of 1 January 2020, this has increased to TL2,943.00 (gross). The new rate applies from 1 January 2020 to 31 December 2020. The minimum wage applies to all em...»
On 23 January 2020, Transparency International announced the much-awaited results of the 2019 Corruption Perceptions Index (the “CPI 2019”), which reflects the perception of country experts, non-governmental organisations and representatives of the business world of corruption in public sector. The CPI 2019 scores 180 countries and territories on a scale from 0 (highly corrupt) to 100 (very clean).
The results, unfortunately, did not come as too much of a surprise for Turkey ...»
As of 1 January 2019, the scope of electronic notification was expanded to include several institutions, including all public institutions and organisations, lawyers, notaries, experts and mediators following amendments to the Notification Law (7201). The Post and Telegraph Organisation has been assigned the operation of electronic notification transactions through the National Electronic Notification System. Further, the Regulation on Notification via Electronic...»
General context, key principles and hot topics
Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy
Since the attempted coup on 15 July 2016, criminal investigations relating to the Fethullah Gulen Terrorist Organisation (FETO) have been initiated. These investigations have also extended to corporations; those being funded by FETO or financing any associated corpo- ration or institution, or having ...»
The Industrial Property Code No. 6769 (the IP Code), which was prepared by the Turkish Patent and Trademark Office (the Office), is the main legislation in Turkey codifying all kinds of IP rights in Turkey. The IP Code which has abolished previous IP related Decree-Laws entered into force on 10 January 2017 upon publication in the Official Gazette.
The IP Code regulates all IP rights in a single code. It is divided into five chapters, and the first four chapt...»
Kurucu ortağımız ve İstanbul Tahkim Derneği Başkanı Mehmet Gün ve avukatımız Bilge Kağan Çevik, ISTAC ve Marmara Üniversitesi tarafından düzenlenen tahkim okulunda “Tahkim Yargılamasında Tebligat ve Yabancı Avukatla Temsil” hakkında tecrübelerini paylaştılar. https://etkinlik.marmara.edu.tr/tahkimokulu
Özge Atılgan Karakulak and Dicle Doğan, Gun + Partners
On 7 January 2020, the Social Security Institution (SSI) published an announcement (Turkish language) on the procurement of pharmaceuticals from abroad by Ibn-i Sina Health and Social Security Centre (Ibn-i Sina). The announcement required that all bids from manufacturers, authorised firms, intermediary firms and pharmaceutical warehouses for the supply of certain specified pharmaceuticals or their generics to Ibn-i Sina ...»