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The Dilemma Of Co-Existence Of Trademarks Under Turkish Law

Trademarks are defined as signs distinguishing the goods and services of one undertaking from the goods and services of the same kind or another undertaking. In this sense, “distinguishing certain goods and services of an undertaking from other goods and services of the same undertaking or other similar goods and services provided by other undertakings” is considered as the main function of trademark. On the other hand, in the usual flow of the business life, since the signs… »

Anti Counterfeiting 2009: A Global Guide, Turkey Chapter

Turkey has closely followed international developments and has acceded to almost all IP-related international treaties, in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). which aims to harmonize the legal framework on anti-counlerfeiting and anti-piracy among World Trade Organization members. Decision 1/95 of the EC-Turkey Association Council on implementing the final phase of the Customs Union and EU Directive 89/101. Turkey… »

MOBIL FUTBOL and MOBIL VIZYON Cancelled in Surprising Decision

The Turkish Court of Appeals has upheld a decision of the Ankara First IP Court in which the latter had ordered the cancellation of the trademarks MOBIL FUTBOL and MOBIL VIZYON (Case 2007/7896 E ve 2009/2456 K, March 3 2009). The case arose from a court action lodged by ExxonMobil based on its MOBIL trademark. The applicant, one of the leading mobile phone companies in Turkey, had applied to the Turkish Patent Institute for trademark protection of the phrases ‘mobil vizyon’… »

Turkey: Generating Electricity From Renewable Energy Resources Under Turkish Law

Updates -

After the oil crisis in 1973, greater interest was directed towards renewable energy resources. At that time, the aim was to focus on alternative energy resources in order to be less dependent on oil as an energy resource. After it has been proved that the burning of fossil fuels has a negative impact on climate change, the importance of renewable energy resources has been widely recognized throughout the world with an effort to prevent the undesirable effects of pollution… »

Turkey: Hidden Advertising in Turkey

We come across with hidden advertisements on various media in our daily lives, including but not limited to TV, cinema or newspapers. The légitima of “hidden advertising” has become one of the highly debated issues in Turkey. Amongst the overall discussions and raised arguments, a common question comes into minds: What makes the hidden advertising like this popular and actual in the sector? First of all, it might be said that the advertising prohibition for certain products… »

Turkish Arbitration Rules and Regulations

Updates -

The Civil Procedure Law dated June 18, 1927 and numbered 1086 (the “CPL”) used to be the governing legislation in Turkey in terms of all arbitration proceedings whether domestic or international. However, the relevant provisions of the CPL were originally intended to regulate domestic arbitration proceedings. Those provisions were therefore not properly responding to the needs of those parties to international disputes. Taking into consideration the need for a specific and… »

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