Key aspects of intellectual property licensing
Degree of exclusivity
1. Describe what is understood by each of the below terms in your jurisdiction.
Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed IP rights unless they explicitly reserve this right.
The Law on Amending Some Laws and Decree-Laws related to Health numbered 7151 (“the Law no. 7151”) has been adopted in The Grand National Assembly of Turkey on 15.11.2018 and published in the Official Gazette on 05.12.2018.
Articles 23, 24 and 25 of the Law no. 7151 amend some articles of The Law on Prevention and Control of Hazards of Tobacco Products dated 26.11.1996 and numbered 4207 (“The Law no. 4207”) and bring new regulations to tobacco market.
Turkey’s Labor Courts Act (No. 7036) has introduced a number of changes to the administration of justice in employment disputes, including mandatory mediation, which must now be undertaken prior to initiating court proceedings, and a new appeal procedure for challenging a court’s decision.
With the Labor Courts Act, it has become mandatory to apply for mediation in the following situations:
Both employers and employees must do so for claims about employee “receivab...»
The General Assembly of the Court of Appeals has held that a registered trademark may be invalidated on the grounds of bad faith (Case 2008/11-501E 2008/507, July 16 2008, only recently published).
The case arose out of an action for the invalidation of the trademark RG 512 (and design) on the grounds that it was confusingly similar to the earlier mark RG 512 (and design). The earlier mark was not registered or used in Turkey, but was registered and used in other countries. T...»
The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has reversed a decision of the Trademarks Department in which the latter had rejected claims of bad faith against a new application fıled by the applicant to avoid the consequences of a possible partial revocation of its earlier trademark.
In November 2014 Microsoft Corporation fıled a trademark application in Turkey through WIPO for the mark POWER BI, covering specific goods in Clas...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 4 October 2018, the Turkish Medicines and Medical Devices Agency published the draft Regulation on Medical Devices (Turkish language), which was drafted in parallel with the EU Medical Device Regulation ((EU) 2017/745).
The draft regulation is currently open to public consultation until 16 November 2018 and may be amended before final publication.
One of the significant changes that the draft regulation will introduce for med...»
In a recent decision, the Court of Appeal (the CoA) ruled that the well-known status of the GARANTİ mark for banking services would prevent registration of the KUTUP GARANTİ PLUS mark for different services.
In June 2012, a Turkish company, with the word KUTUP as the main element of its commercial name, applied to register the mark KUTUP GARANTİ PLUS in Classes 35, 37 and 40. The opponent, a renowned company in the banking sector owning many GARANTİ trade marks in several cla...»
Last year, Turkey’s leading home appliance manufacturer filed two patent infringement actions, claiming the determination, prohibition and prevention of a patent infringement and seeking a preliminary injunction against an international company in the same sector for its coffee machine products.
The infringement actions were based on two patents protecting different features and methods of a Turkish coffee machine – the first electronic coffee machine dedicated...»
The business community’s original idea of arbitration was to solve commercial disputes smoother and faster than the conventional courts could. Back in those days, arbitration was, by definition, fast.
However, this perception has changed. In the 2015 International Arbitration Survey, cost and lack of speed were considered as the worst characteristics of international arbitration.
As a reaction to this growing appetite to run proceedings in a more efficient manner, arbitration...»
Sources of law
1. What are the principal sources of law and regulation relating to copyright and copyright litigation?
Copyright protection is regulated under the Intellectual and Artistic Works Law No 5846 (Artistic Works Law).
2. In which courts is copyright enforced?
There are specialised intellectual property civil and criminal courts in Istanbul, Ankara and Izmir. Copyright is enforced before these courts if the dispute falls within the jurisdiction of one o...»
Introduction to the October 2018 Edition of International Insurance Law and Regulation
International Insurance Law and Regulation is a comprehensive collection of commentary from internationally recognized practitioners who are experts in their jurisdictions. These specialists discuss the law and regulation of insurance in their region, creating a country-by-country guide on doing business in this highly structured and regulated industry.
The October 2018 edition contains the...»
It was announced that the economic sanctions against Iran will be brought back to a large extent after the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“Iran nuclear deal”) implemented by the United Nations Security Council (“UNSC”) Resolution numbered 2231 and adopted in 2015, with the declaration of U.S. President Donald Trump on May 8, 2018.
Immediately after the Iran sanctions having made staggering effects on the world trade are back o...»