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Patent and Trademark Office Almost Loses Authority to Revoke Trademarks – Before It Even Gets a Chance to Use It

Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the… »

“7 Notes” and the Dilemma of Originality: The Limits of Plagiarism and Inspiration in Musical Works

Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing… »

Domain Name Disputes in Türkiye

In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye. The Role of TRABIS TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names. Upon the introduction of TRABIS, the first-come… »

Does the ‘Long Arm’ of the UPC Reach Turkey?

Selin Sinem Erciyas and Zeynep Çağla Üstün explore whether Turkey, as a non-EU state party to the European Patent Convention, might still face the Unified Patent Court’s jurisdiction under EU regulations. After many years of deliberation, a majority of the EU member states accepted the Agreement on a Unified Patent Court (the Agreement) in 2013 and it entered into force on June 1 2023. The objective of the Agreement was to ensure speed and uniformity in proceedings by… »

Insights From ICANN 81

The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names and online policy. In this blog post, Mutlu Yıldırım Köse and Baran Güney provide some key insights from the conference. In another post, to be published next week, they will explore domain name disputes and online enforcement in Türkiye. New gTLD Program ICANN 81 provided a comprehensive review of the… »

Approaches to Trademark Similarity in the Food Supplement Sector

A recent decision by the Court of Cassation regarding trademark similarity in the food supplements and vitamins sector offers a different perspective on the criteria for assessing trademark similarity. This decision provides valuable guidance for launching these products in compliance with both trademark law and sector-specific conditions. Background The decision of the 11th Civil Chamber of the Court of Cassation (“CoC”) dated May 28, 2024 (case no. E. 2023/911, K.… »

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