Introduction
According to article 45 of the Code on Establishment and Procedure Rules of the Constitutional Court (No. 6216) (the Code), anyone can apply to the Constitutional Court on the grounds that their fundamental rights and freedoms – protected under the Turkish Constitution, the European Convention on Human Rights and any additional protocols to which Turkey is a party – have been violated by public force. Any and all administrative and judicial remedies regarding the…
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Timberland is one of the most famous and prestigious footwear brands, especially known by its original waterproof ‘yellow’ boots, which have defined the brand since their invention in 1973.
Timberland is also the owner of the tree device mark shown below, which is broadly used on its products, including footwear and apparel, as well as on any kind of promotional material of the company.
Due to the value and good reputation of the brand, not only the design of the yellow…
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Beiersdorf opposed an application for NEVAYA based on its NIVEA trademarks, alleging a likelihood of confusion and thewell-known status of its marks
The PTO partially accepted the opposition based on the likelihood of confusion argument, but rejected the well-known status argument
A key issue was whether the well-known status argument could be asserted in an action for the cancellation of the PTO’sdecision, even though no appeal was filed against the refusal of such argument…
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Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Kat friends Mutlu Yıldırım Köse and Havva Yıldız discuss a recent decision rendered in Turkey, representing the first foray by a Turkish court into these murky legal waters.Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation.…
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A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform.
The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet…
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As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is novel and inventive.
Even though the first medical use was the subject of patent protection within the EPC 1973, this convention did not regulate that the substance could be subject to a patent in different medical uses (second/further medical use). While there was no regulation…
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