Turkey: Turkish Patent Institute Opts For Paperless System
The Turkish Patent Institute (TPI) has taken steps towards a totally paperless system with its updated online system, enabling users to file, track and oppose applications in just a few clicks. This makeover, where notifications are also to be communicated electronically, ensures that applications are processed by up to half the amount of time, with the TPI expressing that it aims to review trademark applications within a six-month period, as opposed to the current… »
The New Playground for Electricity & Petroleum in Turkey
Turkey has been very active in terms of legislative changes relating to its energy market in the first half of 2013. A new law regulating the Turkish electricity market (“new EML”) was enacted in March, followed by the long-awaited new Petroleum Law (the “NPL”) in May. This legislative activity is a part of Turkeys efforts to improve its energy regulations and to attract more investors in its energy markets. This article explains the most important aspects of the new EML and… »
The New Playground for Electricity & Petroleum in Turkey (1)
Turkey has been very active in terms of legislative changes relating to its energy market in the first half of 2013. A new law regulating the Turkish electricity market (“new EML”) was enacted in March, followed by the long-awaited new Petroleum Law (the “NPL”) in May. This legislative activity is a part of Turkey’s efforts to improve its energy regulations and to attract more investors in its energy markets. This article explains the most important aspects of the new EML and… »
TPI Protects GUCCI Against HUCCI for Class 20 Goods
The Turkish Patent Institute (TPI) hasprovided wider protection for a well knowntrade mark against an application filed for dissimilar goods, considering that the application may be to the detriment of the distinctiveness of the well known trade mark. The applicant, Cevdet Akif Usta, applied to register its trade mark (illustrated, right) before the TPI for goods in class 20; this application was published in the Official Trade mark Bulletin on December 12, 2011. Guccio Gucci… »
New Legislation to Have Significant Impact on Trademarks for Alcoholic Beverages
Under the new legislation, the names, brands and other distinctive elements of alcoholic beverages cannot be used on non-alcoholic and similar products. Similarly, the names, brands and other distinctive elements of non-alcoholic and similar products cannot be used on alcoholic beverages. This rule shall not apply to products that are intended for exportation. The relevant regulations will be issued by the Regulatory Council for Tobacco and Alcohol Markets within two months… »
Patents, Trade Marks, Copyright and Designs in Turkey: Overview
Patents 1. What are the legal requirements to obtain a patent? There are three main patentability criteria: Industrial applicability. Surpassing invention step. Novelty. For inventions that meet these criteria and application must be filed with the Turkish Patent Institute to register the patent. 2. What categories are excluded from patent protection? The categories that are aligned with Article 53 of the European Patent Convention (EPC) are (Article 6, Patent Decree… »
Yours and Mine: Protect Your Law Firm’s Intellectual Property Assets
Creating and maintaining a reputabie and trusted brand has become increasingly important for all law firms. Trademarks and copyrights are the most important IP rights for law firms and should be given a high level of attention by senior management. Trademarks form the legal basis for protecting a law firm’s brand, while copyrights form the legal basis for protecting its knowledge. In order to have a successful and sustainable business, both the firm’s brand and knowledge need… »
Court Clarifies Differences in Scope Between Articles 7/1(b) and 8/1(b) of Decree Law
The Court of Appeal has established and clarified the differences in scope and implementation between Article 7/1(b) and Article 8/1(b) of the Turkish Decree Law 556 pertaining to the Protection of Trademarks (Decision 2010/10214E). Article 7/1(b) provides that the Turkish Patent Institute (TPI) can reject ex officio trademark applications that are identical, or indistinguishably similar, to earlier trademarks or trademark applications. In contrast, Article 8/1(b) provides… »
How to Combat Persistent Infringement
As a bridge between Europe and Asia, Turkey’s unique a geographic location has always been an attractive venue for IP infringers. It is not an exaggeration to say that almost all IP owners could recount at least one infringement experience in Turkey. It is also very common to hear complaints that the enforcement tools are not efficient enough to overcome the persistent activities of the dedicated, and in some cases very creative infringers in Turkey. While it may be true that… »
Court of Appeal Considers 'Likelihood of Association' and 'Trademark Series' Concepts
First, the IP Court had determined that 'W' was the main and distinctive part of the trademarks that were the basis of the opposition, and that 'king' is a word that is commonly used to identify quality, especially in the temporary accommodation and hotel management sector, which fell within the scope of protection of the trademarks. Further, it established that the addition of the word element 'king', even though it is visually and aurally dissimilar to the earlier… »
Court of Appeal Considers Likelihood of Association and Trademark Series Concepts
On December 3 2012 the 11th Civil Chamber of the Court of Appeal upheld a decision of the Ankara Second IP Court in which the latter had determined that the trademark W-KING was confusingly similar to the trademarks W (and device), W RETREAT & SPA, W HOTELS and W HOTELS (and device) in Classes 37 and 43 of the Nice Classification. The IP Court found that adding a word element to the distinctive part of a mark is insufficient to create distinctiveness and eliminate the… »
Directors’ and Officers Liability Insurance in View of the New Turkish Commercial Code
Ι. Introduction and General Background The use of directors’ and officers’ (“D&O”) liability insurance is relatively new and limited in Turkey. The new and elevated standards on corporate governance rules introduced by the new Turkish Commercial Code {“the TCC”) such as the introduction of universal accounting and auditing standards and rules for increase of transparency is expected to support the operability of liability provisions and lead to increase in demand for… »