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
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… »
Turkey: Electronic Communication Law In A Nutshell
Introduction The Telegram and Telephone Law dated February 21, 1924 and numbered 406 (the “Law No. 406″) has been the governing regulation with regards to telecommunication activities for more than eighty years and despite the fact that it was subject to substantial amendments after the abolishment of monopoly on telecommunication activities, it failed to fully satisfy the demands of the telecommunication market. On November 10, 2008, the Electronic Communication Law numbered… »
Healthy Food Trend Grows
Many countries are becoming increasingly concerned about the issue of obesity, which by definition is: “a condition in which the natural energy reserve, stored in the fatty tissue of humans and other mammals, is increased to a point where it is associated with certain health conditions or increased mortality.”(1) Although obesity is an individual clinical condition, the fact that it has been observed as a serious and growing public health problem has pushed many countries to… »
BEST BUY Recognized as Well Known
The Ankara Court of Intellectual and Industrial Property Rights has reversed a decision of the Turkish Patent Institute (TPI) in which the latter had refused to register the trademark BEST BUY on absolute grounds (Case 2007/227, Decree 2008/82, March 27 2008). Best Buy Enterprise Services Inc, a US company engaged in the business of selling consumer electronics, applied for the registration of the trademark BEST BUY (and design) with the TPI for services in Class 35 of the… »
International Arbitration in Turkey
1) ARBITRATION AGREEMENTS1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your country?The legislation governing arbitration proceedings in Turkey, is the “Civil Procedure Act No. 1086″ for domestic arbitration and the “International Arbitration Act No. 4686″ for international arbitration proceedings.In order for an arbitration agreement to be valid:- It must be enacted relating to an arbitrable matter (disputes relating to rights in… »
Debate on Time Limits in Cancellation Actions Put to an End
The General Assembly of the Court of Appeals has put an end to the debate as to the interpretation of the expression ‘date of registration’ in Articles 14 and 42 of the Trademark Law 556 (Case 2007/11-974-2007/962, December 12 2007). Çenay Feyzioglu filed an action for the cancellation of Çetin Çakir’s trademark BIO COS (and design) or the removal of the design from the trademark based on the earlier registered trademark LOTUS (and design). Feyzioglu had also filed an action… »
Apple Seeks Recognition of IPOD as Well Known Following Landmark Decision
Following a decision by the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) in opposition proceedings, Apple Inc has filed an application for the official recordal of IPOD as a well-known mark in the official registry. The board had rejected Turkish company Tunc Tekstil’s application for the registration of the trademark IPOD for goods in Classes 25 and 35 of the Nice Classification on the grounds that the well-known status of Apple’s IPOD trademark… »
Landmark Decision on Time Limits in Trademark Cancellation Actions
In a landmark decision (Case 2006/367- 2007/257, November 9 2007), the Istanbul Civil IP Court of First Instance ruled on the issue of time limits in trademark cancellation actions. On May 23 2000 the defendant, a local company, registered the trademark ICE BOYS for goods in Class 25. In September 2005 Gilmar SpA filed an action for cancellation of the trademark on the grounds that it was confusingly similar to its earlier registered trademarks ICE and ICEBERG. The defendant… »
IP Enforcement Must Shape Up, According to EU Progress Report
The European Commission has published its Progress Report on Turkey’s preparations for accession to the European Union. The Progress Report covers the period from October 2006 to October 2007 and focuses on economic, political and social issues. Section 4 of the report deals with Turkey’s ability to assume the obligations of membership, as expressed in the EU Treaties, secondary legislation and EU policies. Chapter 7 of this section deals with IP law, and particularly… »
Change to Recordal of Well-known Marks Implemented
In light of a recent decision of the Court of Appeals, the Turkish Patent Institute (TPI) has changed its practice with regard to the categorization and recordal of well-known marks. Turkey is a party to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights, both of which grant special protection to well-known marks. Turkey has also incorporated provisions on the protection of well-known marks… »
Court of Appeals Gives Unlimited Protection to Well-Known Trademarks
The Turkish Court of Appeals has recently upheld a decision of Istanbul’s second IP court involving the well-known trademark ROBERTO CAVALLI. In its decision of January 24 2006 (Cases 2004/650 E and 2006/7 K), the Istanbul Second IP Civil Court determined that the trademark ROBERTO CAVALLI, as well as being the name of a famous fashion designer, is a well-known trademark, and thus ordered the nullification of the trademark CAVALLI and other marks incorporating the word… »