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Jurisdictional Conflicts in Global FRAND Cases and the EU’s WTO Complaint against China for Alleged Violation of TRIPs

Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have made the “jurisdiction of the court" a controversial issue. As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked, offered and/or granted on Fair, Reasonable and… »

Chef’s Recommendation: Turkish Case Offers a Tasty Takeaway for Trademark Owners

Would you like to hear more about the chef’s recommendation? First, as a starter, some background information will be provided on a trademark dispute in Turkey that has a culinary theme, with the following steps taken at the administrative stage: The owner of the above-left trademark opposed a third-party application for the above-right trademark before the Turkish intellectual property office, by addressing the entire coverage of the filing under the Nice Classification… »

Updates on the Ban Regarding Foreign Currency Payment in Movable Sale Contracts

Updates -

To address the challenges arising from the obligation to make payments in Turkish Lira in sale of goods contracts, which are frequently encountered in commercial life, an amendment was made in 2022 to the Communiqué on the Decree numbered 32 Regarding the Protection of the Value of the Turkish Currency (the "Communiqué"). This amendment allowed the contract value to be paid in foreign currency for certain movable sale contracts, except for vehicle contracts, concluded between… »

The Limits of Colour Combination Trademarks: Insights from the Blue-and-White Colour Combination Case

The case involved a well-known clothing retail company’s blue-and-white colour combination mark, which was opposed by a cosmetics company The courts found that the colour combination lacked distinctiveness for the relevant goods and services The case highlights the PTO’s role in examining colour combinations based on absolute grounds during ex ofcio proceedings Under trademark law, distinctiveness is essential for a mark to function as a source identier, especially when it… »

The Impact of Artificial Intelligence on the Music Industry

Updates -

One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »

Protection of Digital Fonts Under Copyright and Design Law

Digital fonts combine aesthetics and functionality as a key element of modern design and digital communication. A digital font consists of codes that define how it shall appear on screen[1]. These codes enable fonts to be created and used in the digital environment. In this scope, whether fonts expressed as computer software can be protected under the umbrella of intellectual property law has been subject of various debates. This article aims to discuss how fonts can be… »

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