Parallel imports and grey market goods (ie, genuine products that have been imported into a country without the trademark owner's consent, after being legitimately placed on the market elsewhere] have long been a subject of legal and commercial tension worldwide, and a main topic for discussions around trademark rights. Most countries apply a national or regional exhaustion of trademark rights. However, Article 7 of the Turkish Industrial Property Code 6769 (IP Code]. which…
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With the advancement of artificial intelligence technologies, the emergence of new risks—particularly in relation to the protection of personal data—has increased the need for concrete guidance for developers, manufacturers, and service providers in this field. Due to the current gaps in legislation, relevant public institutions and authorities have been publishing various proposals, decisions, and recommendations on the subject.
The Personal Data Protection Authority…
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In recent years, it has become increasingly common for stores to request contact information from individuals during purchases and/or to obtain their explicit consent by sending a verification code via SMS, after which commercial electronic messages are sent to the provided contact details for advertising purposes. Due to the growing number of complaints from consumers and the widespread nature of this practice, the Personal Data Protection Board (“Board”) issued a Board…
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Rapid technological developments in the automotive sector have led to the increased presence of autonomous (driverless) vehicles in traffic in some countries around the world, thereby bringing related legal issues to the forefront. In this context, there is a need for legal regulations that can keep pace with technological developments and respond to emerging needs, and the adequacy of existing legal regulations in serving technological developments is being evaluated. Among…
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In today’s business world, competition among companies is shaped not only by the quality of their products and services, but also by their communication strategies with the public. However, the legal boundaries of such statements should be carefully determined. Statements made about competitors, particularly in Europe, may constitute “defamation” which are evaluated within the scope of competition law and provisions concerning unfair competition and may lead to serious legal…
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In the cosmetics sector, logos play a crucial role considering that consumers pay close attention to brand image, but they act quickly when buying products. Visual appearance often shapes purchasing decisions more than the verbal elements of a trademark. Decisions of Turkish Patent and Trademark Office (“the Office”) accepting the similarity between the trademarks discussed below provide a compelling case study of how overall perception and conceptual similarity between the…
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