Key Developments and Predictions for Trademark Law in Turkey
The Industrial Property Code No. 6769 (“the IP Code”) which came into force on 10 January 2017 has been widely welcomed by brand owners as their rights have now been sealed through the introduction of this new Code. The primary reason for the enactment of the new Code was the cancellation of various articles of the former Decree-laws on IP rights by the Constitutional Court on the grounds of Article 91 of the Constitution, which prohibits regulation of the property rights by… »
The New Personal Data Protection Law in Turkey
This article gives an overview of the new Personal Data Protection Law that entered into force in Turkey in 2016, and the secondary legislation that was subsequently issued. It analyses the most important points under the new legislation and the many obligations that data controllers must now comply with when dealing with personal data. The article is part of the global guide to data protection and privacy. For a full list of jurisdictional Q&As… »
Commercial Cases Worth Less than TL100,000 now Subject to Simplified Procedure
Under Turkish law, there are two types of procedure in civil proceedings. Written procedure is the main and most common type, whereas the simple procedure, as the name suggests, is a simplified and expedited process. There are two rounds of written submission in written procedure (ie, pleading and response and rebuttal and rejoinder). However, in the simplified procedure, only pleading and response petitions can be filed by the parties. In principle, commercial cases are… »
Court of Appeals: Target Consumers’ Level of Attention Rules out Likelihood of Confusion
Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41 Office and IP Court found that there was a likelihood of confusion Court of Appeals reversed due to high level of attention of target consumers In a recent decision, the Court of Appeals has ruled that the level of attention of the target consumers of a trademark plays a significant role in the assessment of the likelihood of confusion. Background On March 9 2012 Dutch company Spil Games applied to… »
Distribution and Marketing of Drugs in Turkey
A Q&A guide to distribution and marketing of drugs law in Turkey. The Q&A gives a high level overview of distribution and marketing of drugs law, including pre-conditions for distribution; licensing; wholesale distribution; marketing to consumers; marketing to professionals and engagement with patient organisations. To compare answers across multiple jurisdictions, visit the Distribution and Marketing of Drugs Country Q&A Tool. This Q&A is part of the global… »
SARAY POPPY Decision: a New Approach to Likelihood of Confusion and Vested Rights?
On October 25 2017 the Turkish Court of Appeal upheld a decision of the Civil IP Court in which the latter had assessed the similarity between two trademarks by taking into account generic words that would not normally be considered in the examination of the likelihood of confusion. The decision also deals with the hot topic of how, and under which conditions, an earlier trademark provides vested rights to its owner. An application was filed for the registration of the mark… »
Court of Appeals: Target Consumers' Level of Attention Rules Out Likelihood of Confusion
Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41 Office and IP Court found that there was a likelihood of confusion Court of Appeals reversed due to high level of attention of target consumers Background On March 9 2012 Dutch company Spil Games applied to register the trademark A10.COM in Classes 9 and 41 before the Turkish Patent and Trademark Office, to use for its online gaming portal targeting teenage boys. The application covered goods such as… »
New Regulation Regarding the Food Advertisements
Pursuant to the Regulation published in the Official Gazette dated March 27, 2018 and numbered 30373 “Regulation on Procedures and Principles of Broadcasting Service” was amended. With the relevant amendment it has been clarified how the provision, “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or… »
RTUK’s Supervising and Monitoring Authority Extended to Internet Broadcasts
The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018. Highlights of the amendment to the RTUK Law Media service providers which make online broadcasting and platform operators which transmit these broadcasts via the internet are required obtain license from RTUK. Online broadcasting activities will be subject to… »
Choosing the ‘Right’ Arbitration Institution—Guidance for Businesses on Costs
Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration. Pre-nups and arbitration agreements A metaphor used by Prof Dr. Loukas Mistelis suggested that arbitration agreements may be likened to prenuptial agreements made at the start of a relationship, with a possible exit strategy in case… »
Preliminary Injunction Procedure
Introduction The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if: serious damage might occur to the applicant because of a delay; or it would be impossible or difficult to obtain rights due to changes in the current situation. In its April 27 2012 decision (E. 2012/5543, K. 2014/4817), the First Civil Chamber of the Court of Cassation defined a ‘preliminary… »
Court of Appeal: ‘Stick’ and ‘Stix’ are Distinctive for Class 30 Goods
Owner of STICK and STIX marks opposed registration of figurative mark and design containing ‘sticks’ IP Courts found no likelihood of confusion and that ‘stick’ is descriptive Court of Appeal disagreed in somewhat unusual decision In two recent decisions (Merit No 2016/2525, Decision No 2017/4913, dated October 2 2017; and Merit No 2016/2484, Decision No 2017/4777, dated September 27 2017), the 11th Chamber of the Court of Appeal has dismissed decisions of the first… »