Major Changes to IP Rights Protection at Borders Introduced
Law 5911, which amended the Customs Law 4458, entered into force on October 7 2009. On the same day, the Customs Regulation was published in the Official Gazette. These pieces of legislation introduce major changes to the protection of IP rights at the borders. Law 5911 allows rights holders to file a single (online) application for the protection of their IP rights by all Turkish customs administrations. Previously, rights holders had to file an application with each customs… »
Türk Ticaret Kanunu Tasarısı’nın Genel Kurul Kararlarının Hükümsüzlüğü Yönünden Getirdiği Yenilikler
The Dilemma Of Co-Existence Of Trademarks Under Turkish Law
Trademarks are defined as signs distinguishing the goods and services of one undertaking from the goods and services of the same kind or another undertaking. In this sense, “distinguishing certain goods and services of an undertaking from other goods and services of the same undertaking or other similar goods and services provided by other undertakings” is considered as the main function of trademark. On the other hand, in the usual flow of the business life, since the signs… »
Anti Counterfeiting 2009: A Global Guide, Turkey Chapter
Turkey has closely followed international developments and has acceded to almost all IP-related international treaties, in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). which aims to harmonize the legal framework on anti-counlerfeiting and anti-piracy among World Trade Organization members. Decision 1/95 of the EC-Turkey Association Council on implementing the final phase of the Customs Union and EU Directive 89/101. Turkey… »
MOBIL FUTBOL and MOBIL VIZYON Cancelled in Surprising Decision
The Turkish Court of Appeals has upheld a decision of the Ankara First IP Court in which the latter had ordered the cancellation of the trademarks MOBIL FUTBOL and MOBIL VIZYON (Case 2007/7896 E ve 2009/2456 K, March 3 2009). The case arose from a court action lodged by ExxonMobil based on its MOBIL trademark. The applicant, one of the leading mobile phone companies in Turkey, had applied to the Turkish Patent Institute for trademark protection of the phrases ‘mobil vizyon’… »
Turkey: Generating Electricity From Renewable Energy Resources Under Turkish Law
After the oil crisis in 1973, greater interest was directed towards renewable energy resources. At that time, the aim was to focus on alternative energy resources in order to be less dependent on oil as an energy resource. After it has been proved that the burning of fossil fuels has a negative impact on climate change, the importance of renewable energy resources has been widely recognized throughout the world with an effort to prevent the undesirable effects of pollution… »