FICPI-Turkey Roundtable on the Similarity of Trade Marks and Its Application
FICPI-Turkey held a successful IP Law Seminar in October, at Yaşar University in Izmir, comparing European patent oppositions with Turkish oppositions, and looking at trade mark use and proof of use. Around 90 people attended the meeting. On 25th October, during the “IP Law Seminar”, Dr.-Ing. Christian Wende and Serkan Özkan discussed patent opposition procedures. Christian is a member of FICPI-Germany and Reporter for FICPI CET 4 (Working Group for European Patents);… »
Victory for Versace as Design Is Rejected on the Ground That It Constitutes “Unauthorised Use of an IP Right”
The Intellectual Property Code No 6769 introduced the “unauthorised use of an IP right” as a relative ground for refusal of a design application under Article 67/2 The Patent and Trademark Office recently rejected a design on the ground that it constituted an unauthorised use of Versace’s figurative marks The decision serves as a good example of the implementation of Article 67/2 The Turkish Patent and Trademark Office has recently rejected a design application that included an… »
Latest Development on Data Localization Requirements in Turkey
The Information Technologies and Communication Authority in Turkey published two decisions regulating embedded SIM technologies that have generated a buzz in the country, especially the SIM card localization requirement for e-call systems, which prevent permanent roaming, in vehicles. The country’s automotive industry has been the most affected by the decisions as they have effectively prevented new vehicles from being imported into the country. The first decision regulates… »
Registration Obligation for Medical Devices Sold with Pharmaceuticals
On 27 November 2019, the Medicines and Medical Devices Agency (“Agency”) published an announcement on a registration obligation for medical devices sold with pharmaceuticals. The announcement is prepared by the Agency’s Medical Device Registry and Coordination Department which deals with registry and monitoring of the medical devices by Product Tracking System (“UTS”). Medical device notification procedures, product movements and other related works and transactions are… »
Is the De Minimis Difference Principle Enough to Win a Case for Patent Infringement?
There is no explicit rule in Turkish Law governing the de minimis principle. There have also not been any settled precedents in the Turkish High Court to shed any direct light on this small but important legal principal. However, there have been several infringement actions in the IP courts where the Patentee has alleged that a product differing from the Patent’s scope of protection with trifling, de minimis differences, may still infringe the Patent. The Turkish IP Court’s… »
Non-Use Defence in Litigation Proceedings before Turkish Courts: Special Emphasis on Pharmaceutical Trademarks!
Both the Industrial Property Code No. 6769 (“the IPC”) and the Regulation on the Implementation of the IPC (“the Regulation”) were published and entered into force in 2017, uniting all IP rights in one Code which were priorly regulated by different decree-laws. Article 25/7 of the IPC regulates invalidation actions and Article 29/2 regulates infringement actions regarding trademarks. Both articles refer in their last paragraphs to Article 19 foreseeing the procedures for the… »
Constitutionality of 5% Interest Rate Payment Rule Under Press Labour Law
On 19 September 2019 the Constitutional Court found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. As such, the court repealed this requirement.(1) Background Under Turkish law, journalists are subject to the Press Labour Law 5953, which sets out their employment rights, including their right to a salary. Pursuant to the law, where salary payments are not… »
Regulation on Intellectual Property Academy Enters Into Force
The Intellectual Property Academy was founded by presidential decree in July 2018 The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities In the past years, several concrete and important steps have been… »
The Long Arm of the Privacy Regulation
General Data Protection Regulation (GDPR) has been one of the most important regulations for the companies in Europe and also some of the companies in other countries. However, Europe is not the only jurisdiction with a privacy regulation. Various other countries like Turkey, Japan, South Korea, and Australia have privacy laws. A company located in Europe has to take into account the provisions of both the GDPR and the privacy regulations of other countries where it does… »
Extended deadline for product promotion representatives to obtain certificate of competency
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency. Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for… »
Turkey Withdraws Declaration Made Under Article 14(5) of Madrid Protocol
WIPO has received a communication from Turkey withdrawing its declaration under Article 14(5) of the Madrid Protocol As of 18 October 2019, Turkey can be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999 It is believed that this development may result only in a slight increase in the number of designations under the Madrid Protocol Turkey joined the Madrid Protocol on 1 January 1999. Since then, it has been… »
Could Use of a Registered Trademark Cause Infringement?
Upon enactment of the new IP Code, which abolished Trademark Decree Law no. 556, the precedent of the Court of Appeals ruling no trademark infringement due to use of a registered right changed. The Istanbul District Court of Appeals affirmed this approach in its decisions. The new IP Code no. 6769 introduced an important change to Turkish trademark law with its article 155 ruling that “a trademark, patent or industrial design holder cannot rely on its registered right as a… »