This article examines a lawsuit concerning the use of a trademark, after it was registered in Türkiye by a third party, with the aim of threatening infringement proceedings against the company that is the rightful owner of the mark and evaluates how the courts protect the genuine rights holder against bad faith registration.
Background
The dispute concerned the bad faith registration of a trademark that had previously been registered in Türkiye in the name of Stiefel…
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As is known, pursuant to Article 2/1(a) of the Administrative Procedure Law No. 2577, it is possible for persons whose interests have been violated to file an action for annulment against administrative acts on the grounds that such acts are unlawful in terms of authority, form, cause, subject matter, or purpose.
In such a relevant case the claimant alleges that the administrative act established by the defendant administration is contrary to the law and seeks its annulment.…
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In European Union (“EU”) legislation relating to trademark law, the concept of bad faith in trademark applications is not explicitly defined, nor are its boundaries clearly established. Although EU case-law provides significant guidance on the concept, it has been observed that there are different interpretations in practice and there are challenges in regard to achieving uniformity, making it difficult to foresee the manner in which assessment of claims of bad faith are…
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With its decision dated 01.08.2024 and numbered 24-32/758-319, the Turkish Competition Authority (“TCA”) rendered a landmark ruling that will be debated in the literature for a long time to come with regard to the delicate balance between IP law and competition law. The TCA concluded that the relevant economic entity, by using three-dimensional (“3D”) marks owned by company under investigation (“The Right Owner”) had abused its dominant position, by excluding its competitors…
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In accordance with Article 26 of the Industrial Property Code (“IP Code”) no. 6769, interested persons may request the Turkish Patent and Trademark Office (“the Office”) to revoke a trademark.
The authority to revoke the trademarks had belonged to the IP Courts. However, with the entry into force of the IP Code on January 10, 2017, this authority has been granted to the Office. In order to provide a transition period, the entry into force of Article 26 had been postponed for…
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The year 2025 did not mark a fundamental transformation in the protection of intellectual property rights in Türkiye; however, it may be described as a period during which practice became more predictable in certain areas. It would be fair to say that judges appointed in recent years have gradually become more adapted to the dynamics of intellectual property law, and this has contributed to a more predictable approach in terms of the reasoning of decisions and the management…
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The Ministry of Agriculture and Forestry updated the Guideline on the Turkish Food Codex Regulation on Food Labelling and Consumer Information on 13 March 2026. The update introduces new explanations regarding labelling, presentation and advertising practices, while adopting a notably protective approach, particularly with respect to products aimed at children.
With the introduction of Article 2.28 into the Guideline, it has been prohibited to place foods on the market with…
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The theatrical release last November of the film Yan Yana (hereinafter “Side by Side”), officially titled The Anatomy of an Abstract Expressionist Friendship, or Side by Side, directed by Mert Baykal and co-written by Aziz Kedi, Feyyaz Yiğit, and Mert Baykal, has led to a resurgence of debates regarding the relationship between adapted works and copyright law in Türkiye. Although the film clearly states in its opening that it is an adaptation of the 2011 film Intouchables…
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Presidential Decision No. 11031 dated 12 March 2026 (“New Pricing Decision”) introduces major changes to the pricing system for human medicinal products, originally established by Decision No. 2017/9901 and updated multiple times. Its main elements are an increase in the Euro/TRY adjustment rate from 60% to 65%, higher pricing incentives for first equivalent or generic products, and the introduction of the term "value-based pricing" in Turkish legislation for the first…
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This year’s World Intellectual Property Day theme, “IP and Sports: Ready, Set, Innovate!”, highlights how intellectual property rights shape not only technological innovation in sports, but also branding/fan engagement, and the growing economic value of athletes as creators and entrepreneurs. Within this evolving ecosystem, the intersection between sports and popular culture raises important legal questions regarding the protection and use of creative elements.
One of the…
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Mutlu Yıldırım Köse and İrem Girenes Yücesoy of Gün + Partners analyse the different approaches to similarity assessments conducted by the court of first instance in the proceedings and the appeal
One of the decisions recently rendered in a Turkish appeal is particularly noteworthy for its assessment of the likelihood of confusion and the unexpected outcome in its final part. in Turkey (officially Türkiye), and the mark relied upon as the basis of the action is…
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The Ministry of Agriculture and Forestry has introduced significant updates to the Guideline on the Turkish Food Codex Regulation on Food Labelling and Consumer Information. The update provides further clarification on labelling, presentation, and advertising practices, while adopting a notably protective approach, particularly in relation to products targeting children.
Key Amendment (Restrictions on Presentation Directed at Children)
With the introduction of Article 2.28…
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