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We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

TPI Protects GUCCI Against HUCCI for Class 20 Goods

The Turkish Patent Institute (TPI) hasprovided wider protection for a well knowntrade mark against an application filed for dissimilar goods, considering that the application may be to the detriment of the distinctiveness of the well known trade mark. The applicant, Cevdet Akif Usta, applied to register its trade mark (illustrated, right) before the TPI for goods in class 20; this application was published in the Official Trade mark Bulletin on December 12, 2011. Guccio Gucci… »

New Legislation to Have Significant Impact on Trademarks for Alcoholic Beverages

Under the new legislation, the names, brands and other distinctive elements of alcoholic beverages cannot be used on non-alcoholic and similar products. Similarly, the names, brands and other distinctive elements of non-alcoholic and similar products cannot be used on alcoholic beverages. This rule shall not apply to products that are intended for exportation. The relevant regulations will be issued by the Regulatory Council for Tobacco and Alcohol Markets within two months… »

Patents, Trade Marks, Copyright and Designs in Turkey: Overview

Patents 1. What are the legal requirements to obtain a patent? There are three main patentability criteria: Industrial applicability. Surpassing invention step. Novelty.   For inventions that meet these criteria and application must be filed with the Turkish Patent Institute to register the patent. 2. What categories are excluded from patent protection? The categories that are aligned with Article 53 of the European Patent Convention (EPC) are (Article 6, Patent Decree… »

Yours and Mine: Protect Your Law Firm’s Intellectual Property Assets

Creating and maintaining a reputabie and trusted brand has become increasingly important for all law firms. Trademarks and copyrights are the most important IP rights for law firms and should be given a high level of attention by senior management. Trademarks form the legal basis for protecting a law firm’s brand, while copyrights form the legal basis for protecting its knowledge. In order to have a successful and sustainable business, both the firm’s brand and knowledge need… »

Court Clarifies Differences in Scope Between Articles 7/1(b) and 8/1(b) of Decree Law

The Court of Appeal has established and clarified the differences in scope and implementation between Article 7/1(b) and Article 8/1(b) of the Turkish Decree Law 556 pertaining to the Protection of Trademarks (Decision 2010/10214E). Article 7/1(b) provides that the Turkish Patent Institute (TPI) can reject ex officio trademark applications that are identical, or indistinguishably similar, to earlier trademarks or trademark applications. In contrast, Article 8/1(b) provides… »

How to Combat Persistent Infringement

As a bridge between Europe and Asia, Turkey’s unique a geographic location has always been an attractive venue for IP infringers. It is not an exaggeration to say that almost all IP owners could recount at least one infringement experience in Turkey. It is also very common to hear complaints that the enforcement tools are not efficient enough to overcome the persistent activities of the dedicated, and in some cases very creative infringers in Turkey. While it may be true that… »

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