I INTRODUCTION
Anti-bribery and anti-corruption, which have not yet strongly differentiated themselves from one another in Turkey, have been a very hot topic in recent times. Society, lawmakers and the judiciary have taken a staunch approach against bribery in their own ways.
Society has raised its voice against bribery and corruption where possible as it regards bribery and corruption as an obstacle to the target of reaching the economic level of developed…
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In April 2011 a trademark application consisting of two words - in which the second word was the trademark (registered worldwide) and trade name of an Italian company - was filed in the name of a Turkish company before the TPI.
Although the Italian company filed an opposition against the application, it was expected to proceed to registration, as the applicant had held a valid trademark registration for the phrase at issue since 1999. Even though this registration was the…
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In an important decision, the Turkish Patent Institute (TPI) has changed its position concerning applications filed in bad faith.
In April 2011 a trademark application consisting of two words – in which the second word was the trademark (registered worldwide) and trade name of an Italian company – was filed in the name of a Turkish company before the TPI.
Although the Italian company filed an opposition against the application, it was expected to proceed to registration, as…
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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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