IP Court Finds Second Medical Use Claims to be Medical Treatment Methods
In 2000 Turkey joined the European Patent Convention (EPC). Recently, the Istanbul IP Court, evaluating a patent infringement claim filed by the patentee of a ‘Swiss-type’ European patent, rejected the claim on the grounds that the patent was a “medical treatment method” which should not have been registered under Article 52(4) of the EPC 1972, and therefore was null and void. Decision The European patent at issue was registered by the European Patent Office (EPO) on… »
Copyright 2015, Turkey Chapter
1. Copyright Subsistence 1.1 What are the requirements for copyright to subsist in a work? The protection of copyrights is regulated under the Law of Literary and Artistic Works No. 5846 (Law No. 5846). According to Law No. 5846, an intellectual or artistic creation is qualified as a ‘work’ subject to copyright protection if: it is original, namely if it is the result of independent, creative effort by the author (this is a subjective condition); and it falls under one of… »
TPI Softens its Approach to Registration of 3D Marks
Under the Turkish Trademark law, there is in principle no ban on the registration of the three-dimensional (3D) shape of goods and/or their packaging. In fact, such trademarks are mentioned in the list of registrable signs and are subject to the same conditions as other types of trademarks. Article 5 of the Decree Law No 556 Pertaining to the Protection of Trademarks states as follows: “Provided that it is capable of distinguishing the goods and services of one undertaking… »
The Role of IP in Building a Reputable, Knowledge-based Law Firm
Intellectual Property (IP) rights are intangible assets that are either the creations of minds or are chosen or created in the form of distinctive signs. Among IP rights, trademarks and copyrights stand out as the most important and relevant for use by law firms. Trademarks form the legal basis for protecting a law firm’s brand, while copyrights form the legal basis for protecting its knowledge. Trademarks provide an exclusive ownership and protection perpetually as long as… »
Strengthening Bilateral Commercial Relations Between U.S. and Turkey
Associations between the U.S. and Turkey started in 1947 when the U.S. Congress designated Turkey as a recipient of economic and military assistance intended to help the U.S. resist threats from the Soviet Union. From a historical point of view, relations between Turkey and the U.S. have been multidimensional and based upon mutual respect and interest. Currently Turkey and the U.S. cooperate across a broad geography, covering Iraq, the Middle East, North Africa, the Balkans… »
A Better Judiciary to Realise Turkey’s Potential
Mehmet Gün, senior partner at Gün + Partners, examines the difficulties facing the Turkish judiciary and how essential a first-class justice system is to Turkey’s progress In the 1980s, Turkey undertook significant liberalisation of its national economy. Since then, liberalisation has increasingly become a pivotal part of the international economy. Between the 1980s and 2000, Turkey learnt some very important lessons in the form of economic crises and was saved by… »