New Regulation Regarding the Food Advertisements
Pursuant to the Regulation published in the Official Gazette dated March 27, 2018 and numbered 30373 “Regulation on Procedures and Principles of Broadcasting Service” was amended. With the relevant amendment it has been clarified how the provision, “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or… »
RTUK’s Supervising and Monitoring Authority Extended to Internet Broadcasts
The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018. Highlights of the amendment to the RTUK Law Media service providers which make online broadcasting and platform operators which transmit these broadcasts via the internet are required obtain license from RTUK. Online broadcasting activities will be subject to… »
Choosing the ‘Right’ Arbitration Institution—Guidance for Businesses on Costs
Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration. Pre-nups and arbitration agreements A metaphor used by Prof Dr. Loukas Mistelis suggested that arbitration agreements may be likened to prenuptial agreements made at the start of a relationship, with a possible exit strategy in case… »
Preliminary Injunction Procedure
Introduction The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if: serious damage might occur to the applicant because of a delay; or it would be impossible or difficult to obtain rights due to changes in the current situation. In its April 27 2012 decision (E. 2012/5543, K. 2014/4817), the First Civil Chamber of the Court of Cassation defined a ‘preliminary… »
Court of Appeal: ‘Stick’ and ‘Stix’ are Distinctive for Class 30 Goods
Owner of STICK and STIX marks opposed registration of figurative mark and design containing ‘sticks’ IP Courts found no likelihood of confusion and that ‘stick’ is descriptive Court of Appeal disagreed in somewhat unusual decision In two recent decisions (Merit No 2016/2525, Decision No 2017/4913, dated October 2 2017; and Merit No 2016/2484, Decision No 2017/4777, dated September 27 2017), the 11th Chamber of the Court of Appeal has dismissed decisions of the first… »
Victory for Red Bull: IBEX Figurative Mark Rejected on Appeal
Red Bull opposed registration of figurative mark IBEX based on figurative mark RED BULL Board found that there was likelihood of association/confusion Opposition was upheld for goods in Class 30 and Class 32 The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (TürkPatent) has found that the application for the figurative trademark IBEX was confusingly similar to the figurative trademark RED BULL and, therefore, could not be registered for… »