General Assembly of the Civil Chambers of the Court of Appeals decision, 27 March 2013, Merit No 2013/11-209, Decision No 2013/399
The Turkish Court of Appeals (CoA), upholding a ruling of the Ankara IP court (Ankara 2nd Civil Court of Intellectual and Industrial Property Rights, decision of 24 February 2011; Merit No 2011/15; Decision No 2011/51), recently ruled that if it is determined by an IP court that the defendant filed an application in bad faith to obtain a…
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It has almost become tautological to state that Turkey’s geographical location makes the country not only a natural trade route, but also a thriving hub for the dissemination of counterfeit products around the globe.
Turkey’s economy has enjoyed seismic growth over the past decade, and so has its counterfeit sector. However, in recent years have there have been stringent efforts to counteract the expansion and reduce the trade of counterfeit products in Turkey.
To both…
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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…
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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…
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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…
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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…
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