Third Party Right For Direct Claim Against Liability Insurer
1. Introduction & General Background Third party right for direct claim has been explicitiy recognized with a specific provision (Article 1478) introduced by the new Turkish Commercial Code numbered 6102 and dated January 13!h, 2011 OheTCC”). Until July 1st, 2012, when the TCC, with a wider insurance section and a specific part in relation to third party liability insurance, entered into force, there was no specific provision in the former TCC with respect to right of… »
Courts Protect Well-known US Trademark Never Used in Turkey
On December 3 2012 the 11th Civil Chamber of the Court of Appeal upheld a decision of the Ankara Second IP Court in which the latter had determined that the trademark W-KING was confusingly similar to the trademarks W (and device), W RETREAT & SPA, W HOTELS and W HOTELS (and device) in Classes 37 and 43 of the Nice Classification. The IP Court found that adding a word element to the distinctive part of a mark is insufficient to create distinctiveness and eliminate the… »
Turkish Patent Institute Gets Electronic Makeover
The Turkish Patent Institute (TPI) has improved its online system to ensure that users are able to file, track and oppose applications in just a few clicks. It has recently announced – on its website and in seminars organised in Ankara and Istanbul – details of further steps to implement a system that is both more efficient and in keeping with the demands of the contemporary technological society by January 2013. The current website has a user-friendly interface divided into… »
Comment: Closing The Gap – Counterfeit Drugs in Turkey
The World Health Organisation (WHO) define counterfeit pharmaceutical products as follows: “a counterfeit medicine is one which is deliberately, and fraudulently, mislabelled with respect to identity and/or source. Counterfeiting can apply to both branded and generic products, and counterfeit products may include products with the correct ingredients or with the wrong ingredients, without active ingredients, with insufficient active ingredient or with fake packaging.” The… »
Filing of several Applications Similar to Well-known Mark May Indicate Bad Faith
In a case involving the trademarks SAIKON and SEIKO, the 11th Civil Chamber of the Turkish Court of Appeal has considered that the filing of several trademark applications that were similar to a registered trademark was an indication of bad faith. The plaintiff, a Japanese watch company, filed an opposition against the application for the trademark SAIKON by Enerji Elektronik San ve Tic AŞ, on the grounds that: it was similar to its earlier registered trademarks SEIKO; its… »
New Online System for Customs Applications Introduced
The Turkish customs legislation concerning IP protection was amended on April 1 2013 and, as a consequence, IP rights holders can now file customs applications via the website of the General Directorate of Customs in Ankara. These customs applications cover all imported and exported shipments, as well as goods in transit at all Turkish customs gates and free trade zones. IP rights holders are entitled to file such applications directly, but must bear in mind that the new… »