The Bliss of Forgetting – An Analysis Of The Right To Be Forgotten Under Turkish Law Practice
On 17 June 2015, the General Assembly of the Civil Chambers of the Court of Appeals rendered an interesting verdict regarding the right to be forgotten. According to this verdict, an individual could ask for his or her name to be erased from even law books, if the relevant book includes personal information which the relevant individual would not like to share with public. The verdict is interesting from a number of aspects. Firstly, it is a decision made by not only a single… »
Article 7/1(b) of the Trademark Decree-Law Versus the Principle of Co-Existence
Article 7/1(b) of the Trademark Decree-Law (556) provides for absolute refusal during the ex officio examination of the Turkish Patent Institute (TPI) by stating that a trademark “identical or indistinguishably similar to a trademark registered earlier or with an earlier filing date for registration in respect of identical or same type of products or services shall not be registered”. Pursuant to this provision, a trademark which is identical or indistinguishably similar to… »
TURKEY: New IP Code Open to Comment
Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Code on the website of the Turkish Patent Institute (TPI) for the opinions of relevant stakeholders, which includes anyone who would like to comment, but chiefly Non-governmental Organizations, business sector associations, IP-focused associations and IP law firms on February 24, 2016. The new IP Code that is being discussed consolidates the Turkish Decree-Laws on Trademarks, Patents, Industrial… »
The New Post-Grant Opposition System
After years of discussions, the new draft IP Law – which is expected to be enacted this year – introduces a post-grant opposition system for national patent filings in Turkey. The legislature is introducing a post-grant opposition system in order to bring Turkish law into line with the European Patent Convention system. However, the post-grant opposition system set out in the draft law has some small differences from the convention system. Third parties may file an opposition… »
Stronger Patent Protection for Patent Applicants and Owners
The draft IP Law introduces provisions to strengthen the protection of the rights of both patent applicants and patent owners (for further details please see “TPI finally publishes new draft law”). The current Patent Decree-Law provides that a patent applicant benefits from all of the protection enjoyed by a patent owner. However, the decree-law sticks with this basic principle and does not go into detail. Therefore, the protection of patent applicants’ rights has become a… »
New Draft Industrial Property Code Unifies Previous Laws in Single Code
On February 24 2016, the Turkish Patent Institute (TPI) produced the new Draft Industrial Property Code. It was circulated for a period of consultation which finished on March 4 2016. It is expected that the draft code will be sent to the Council of Ministers within the next few weeks. The authorities are hopeful that it will come into force before the end of the year. In order to become a part of the Customs Union, Turkey had to harmonise its national IP laws with EU… »