Changes to the Enforcement and Bankruptcy Law under the 5th Judicial Reform Package
The Law Amending the Enforcement and Bankruptcy Law and Certain Other Laws No. 7343 (“Amendment Law”), known as the 5th Judicial Reform Package, which entered into force upon publication in the Official Gazette (31675) dated November 30th, 2021, introduced several important changes to the Enforcement and Bankruptcy Law No. 2004 (“Law No. 2004”), as well as Turkish Civil Law No. 4721 and Child Protection Law No. 5395. Several new arrangements particularly stand out, such as i)… »
IP Court Rules on Red Bull’s Colour Marks in an Infringement Claim
Red Bull, the leading manufacturer and pioneer for energy drinks, encounters many trademarks, designs and trade dresses attempting to gain unfair advantage of Red Bull’s tremendous reputation worldwide. Turkey is one market where Red Bull is the leader, so there has been a significant number of sales and market awareness. Therefore, the Turkish market is monitored carefully for infringing products, and brand protection strategy is applied properly by Red Bull. In mid-2020… »
Appeal Court Issues Significant Decision on Jurisdiction in Case of Online Infringement
The Regional Court of Appeal has held that, in case of online infringement of a registered trademark, the owner of the trademark may initiate a court action against the infringer anywhere in Turkey.Background The claimant, a foreign company which owned registered trademark rights in Turkey, was suffering from the defendant’s infringing acts and initiated a trademark infringement action. Article 156 of the Turkish IP Code, entitled “Commissioned and competent court”, states… »
Directors & Officers Liability Insurance Gains More Importance Day by Day
Equity companies have enabled large investments and projects yet also caused company executives and managers to take great responsibilities and to be liable against the company, shareholders, and creditors for any losses incurred due to their faulty or negligent actions that may arise during the company management. Such responsibility leads to serious losses as a result of both board members and managers’ faulty or negligent actions and therefore makes them hesitate to manage… »
How to Protect Color Marks in Turkey
The introduction of Industrial Property Code No. 6769 (IP Code) in Turkey in 2017 changed the definition of a trademark and explicitly listed colors as one of the signs that can be registered as trademarks using international color codes. But practice is showing that some color marks are easier to register than others. Registering single color marks can be more difficult, which can also be the case when it comes to enforcing them. Even before the legislative change… »
District Court in Turkey Rules on Preliminary Injunction Assessments
Objectively, preliminary injunction decisions play a key role for the IP right holder particularly for patent holders to be dealt by Intellectual and Industrial Property Rights (IP courts) in an urgent matter due to the super technicality nature of such cases, commercial reasons, time pressure, etc. The preliminary injunction, which appears as a way out in cases where the definitive protection is not sufficient and a temporary legal protection is needed, can be requested… »