Trade Mark Prosecution and Opposition Under The New IP Code
The New Turkish Industrial Property Code entered into force on January 10 2017. The IP Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs by unifying them into a single code. Among other reforms, the trade mark chapter includes changes relating to prosecution and opposition procedures for trade marks. These are now in greater compliance with the relevant European Union directives. First, the graphical… »
Court Decides on Issuance of Certificate of Inheritance for Foreign-owned Real Estate
Introduction If a foreign national who owns real estate in Turkey dies, his or her successors must have recourse to the Turkish courts and obtain a certificate of inheritance in order to complete the transfer of the real estate under their names before the land registry or be able to legally dispose of the property in any manner. Pursuant to Article 598 of the Civil Code 4721, the right and duty to issue certificates of inheritance was granted solely to the civil peace… »
Long Awaited IP Code of Turkey
In the 1990s,Turkey swiftly prepared and published decree-laws related to IP rights in order to fulfill its obligation of adopting national legislation related to IP rights with EU regulations so to become a member of the Customs Union. Decree-Laws which have the power of law were preferred since the procedure for passing them is less cumbersome and faster.They should have been converted into laws following the membership of Turkey to the Customs Union; however they… »
“The IP Code” in Turkey
Update: “The IP Code” in Turkey Turkey abolished the current IP related decree-laws, and the Industrial Property Code No. 6769 (“the IP Code”) entered into force on January 10, 2017. Ugur Aktekin and Güldeniz Dogan Alkan, Gün + Partners, Istanbul, review the Turkish law update. In the middle of 1990s, Turkey had to adapt its national regulations related to IP rights with EU legislations in order to become a member of the Customs Union; Turkey rapidly enacted IP related… »
Is Withdrawal of Appeal Different from Waiver of Action?
The withdrawal of an action allows the withdrawing party to re-file the same action. However, if a party waives an action, it also waives all of its rights to file the same action. The action in the case at hand was filed for a declaration of non-infringement of a patent. The Istanbul 3rd Civil Court of Intellectual and Industrial Property (the 3rd IP Court) granted a decision in favour of the plaintiff, and held that the plaintiff’s formulation did not infringe the… »
A Legal Review on the Modernisation of Customs Union between Turkey and the EU Different Driving Forces, One Goal
A Legal Review on the Modernisation of Customs Union between Turkey and the EU Different Driving Forces, One Goal Overview: The customs union (“the CU”), adopted by the Decision 1/95 of The EC-Turkey Association Council of 22 December 1995 is the main legal source covering the bilateral trade between Turkey and the EU. It is one of the first examples of a trade agreement made by the EU with a non-member state. As expressed by both EU and Turkey representatives, CU is not an… »