The Use Criteria For The Recognition of Vested Right Claim Based on a Prior Trademark
In its decision dated 21.12.2022 and numbered 2021/5302 E.(Merits), 2022/9311 K.(Decision), the 11th Civil Chamber of the Court of Cassation upheld the Regional Court of Appeal’s decision regarding a refiled trademark application that because the plaintiff could not prove genuine use in class 44, a vested right in the plaintiff’s favor over the “M…” trademark was not constituted. On June 07, 2013, a trademark application was filed for the registration of the trademark “M…” in… »
Overview of Turkish IP Protection: Navigating Challenges
Turkish IP legislation is mostly in compliance with EU legislation. With the adoption of IP Code No. 6769 back in 2017, it is fair to say that legislation regarding trademarks, designs and patents is in line with international norms and standards. While the legal framework provides a solid foundation for IP rights protection, practical obstacles persist, revealing the need for further improvements. A significant challenge has been the limited specialized knowledge among… »
Strategic Battlefield in Combating Counterfeiters: Turkish Riviera, West and South Coast of Türkiye
With a coastline of almost 9,000 kilometers and over 550 blue flag beaches, Türkiye welcomes millions of domestic and foreign tourists during the summer season each year. The most popular area for summer vacations is known as the Turkish Riviera, comprising the cities of Antalya and Muğla in particular, and also some parts of Aydın and Izmir, encompassing the main districts of Alanya, Antalya, Kemer, Fethiye, Marmaris, Bodrum, Kuşadası and Çeşme from the south to the west… »
Examination of Novelty of Designs in Türkiye
A decision of 29 March 2023 of the General Assembly of the Turkish Court of Cassation has clarified whether the examination of lawfulness of the Turkish Patent and Trademark Office’s decision on absolute novelty of a design is limited to the evidence submitted in the opposition process or whether ex officio examination can be conducted at any phase. Güldeniz Doğan Alkan and Hatice İnci Turan report for Class 99. The facts of the case The design subject to the opposition The… »
Amendments Regarding the Turkish Personal Data Protection Came into Force
The Law No. 7499 on Amending the Code of Criminal Procedure and Certain Laws (“the, which includes the long-awaited amendments to the Turkish Personal Data Protection Law (the “Law”) and is also referred to as the 8th Judicial Reform Package, was published in the Official Gazette dated 12 March 2024 and numbered 32487. Various amendments affecting data controllers have been made. Accordingly, data controllers shall review their compliance efforts with the Law, update their… »
Impact of New Minimum Capital Amounts on Trade Registry Applications
With the Presidential Decree No. 7887 published in the Official Gazette dated November 25, 2023 and numbered 32380, the minimum capital amounts for joint stock and limited liability companies have been increased and accordingly, effective from January 1, 2024, the new minimum capital amounts have been determined as TRY 50,000 for limited liability companies, TRY 250,000 for joint stock companies and TRY 500,000 for joint stock companies that have adopted the registered… »