Implementation of the Limitation of Goods and Services by the Turkish Patent and Trademark Office
The office provides an opportunity to limit the list of goods/services in terms of international trademark applications filed via WIPO However, it does not allow applicants to limit goods and services when it comes to national trademark applications This controversial approach eliminates a method commonly used by applicants to avoid potential disputes Limitation of goods/services The Turkish Patent and Trademark Office (‘office’) applies the Nice Classification for the… »
DELPHI v DEPLHI: PTO’s Decision Sheds Light on Interpretation of Bad Faith
Delphi Technologies opposed the registration of DEPLHI in Classes 1, 3 and 4 based on its earlier mark DELPHI The board found that the goods covered by the application were similar and related to the goods/services covered by the earlier mark, as they were all used in the auto spare parts sector ‘Delphi’ has no meaning in Turkish and it was unlikely that this word would have been chosen as a trademark as a coincidence In a recent decision, the Re-examination and Evaluation… »
Countdown to Revocation Requests at The TPTO
In one year’s time, trade mark revocation proceedings will be possible before the Turkish Patent and Trademark Office (TPTO). Güldeniz Doğan Alkan and Cansu Evren discuss the changes. Article 26 of the IP Code After years of proceeding with a Decree Law, the Intellectual Property Code no. 6769 entered into force in Turkey on 10 January 2017. Article 26 of the IP Code regulates the revocation of a trade mark registration. It foresees that the trade mark shall be revoked in the… »
Determination of Evidence in Disputes Over Pharmaceutical Patents
Introduction The determination of evidence, one of the most important temporary legal protection measures regulated in Turkish law, is an institution that ensures the protection of evidence which will assist in proving the matter in question. Considering that the adversarial trial process is adopted in Turkish civil procedure law, the significance of the rights holder being able to have the evidence that will help them prove themselves effectively determined is clear.… »
New e-commerce Regulation Sets Out Details of Takedown Procedure For Infringing Content
A new regulation complementing Law No 7416 on e-commerce came into effect on 1 January 2023 The regulation clarifies the takedown procedure upon receipt of a legitimate complaint by an IP rights holder While this will help rights holders to take down infringing products quickly, ambiguities regarding the procedure may still create problems in practice Background A new law on e-commerce (No 7416), which was published in the Official Gazette dated 7 July 2022, came into… »
Changes to Minimum Wage, Severance Payments and Administrative Fines in 2023
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2023 changes, which came into effect on 1 January 2023. Minimum wage In 2022 the monthly minimum wage rate was 5,004 Turkish liras (gross), which was increased to 6,471 Turkish liras (gross) as of 1 July 2022. As of 1 January 2023, this has increased to 10,008 Turkish liras (gross). The minimum wage… »