Turkey: Turkish Patent Office Rejects A Trademark Application Due To Incorporating The Phrase “Cubano” Amongst Other Reasons
In August 2010, PC DESIGN SARL filed an application no. 2010/52790 for “cubano original eau de toilette natural spray + device” before the TPI for the goods specified in classes 03 and 33. HAVANA CLUB HOLDING S.A. (“HAVANA CLUB”) filed an opposition against the application on the grounds that the application is not registrable in accordance with Article 7/1 (c) of Decree Law, given that “it was not distinctive in the commercial industry, designated geographical origin and… »
Another Step Forward at the Turkish Electricity Market: The New Electricity Market Law
The electricity market has been one of the most active and attractive markets for investors in the last years in Turkey. With the enactment of the previous Electricity Market Law in 2001 (the Previous EML), private investment became the principie, instead of being an exception in the market. This immediately started to show positive effects in attracting private investment – 10 years ago the private sector represented a mere 38% of the electricity market, which increased to… »
Analysis of the Legal Remedies in Combating Trademark Infringement
After a series of legislative efforts in the mid and late 1990 is, all of Turkey’s IP related laws and regulations, including the Decree Law No. 556 Pertaining to the Protection of Trademarks have become compliant in almost all aspects with EU legislation. In addition to such major amendments in the laws and regulations, establishment of specialized IP Courts in major cities and structural changes within enforcement authorities and customs have enhanced the implementation of… »
Potential Challenges to Domestic Component of Renewable Energy Feed-in Tariff
Introduction In May 2013 the Appellate Body of the World Trade Organisation (WTO) rendered a decision against the Ontario government regarding a prerequisite that renewable energy power plants use a certain percentage of domestic components in order to be eligible for the feed-in tariff (FiT) mechanism. Although this decision is not binding on Turkey, it has important implications, as Turkey also incentivises the use of domestic components in renewable energy power plants. As… »
New R&D Incentives Encourage Growth of Domestic Pharmaceutical Companies
Introduction On February 19 2014 an omnibus law (Law 6518) was published in the Official Gazette that amends certain laws and decree-laws – including the Decree-Law on the Organisation and Duties of the Ministry of Family and Social Politics – and introduces new incentives. At first glance, these new incentives appear to be aimed at increasing local production of mid-tech and high-tech products by encouraging local research and development (R&D). As the pharmaceutical… »
M&A in Turkey’s Regulated Markets
In 2013, a significant number of M&A deals closed in Turkey. According to the Turkish Competition Authority’s 2013 annual report, there were 213 M&A transactions (and joint ventures) submitted to the Competition Authority for clearance in 2013. According to the records of the Competition Authority, the most active sectors have been energy, food and beverages, telecommunications, media and technology (TMT), transport and pharmaceuticals. The total deal value in 2013… »
Turkey: Rising Trends In Bilateral Trade
As the Middle East becomes the second largest market for Turkish exports, and both regions benefit from significant bilateral investment, Turkish law firm Mehmet Gun & Partners analyses the background to this rapid growth Bilateral trade between the Middle East and Turkey has been on the rise. Turkey’s autonomous and independent position has made it a valuable ally for many MENA countries. You can read the full article here: Turkey: Rising trends in bilateral trade »
Court Considers Third Party’s Product When Evaluating Novelty of Industrial Design
A recent decision by the Ankara First Civil IP Court has provided valuable guidance on the consideration of third-party rights during the examination of the novelty of industrial design registrations. In November 2010 Turkish company SPA Fonksiyonel Gıda İçecek ve Turizm Yatırımları Ticaret İthalat İhracat Limited Şirketi filed an industrial design application for the design reproduced below before the Turkish Patent Institute (TPI). Red Bull GmbH filed an opposition against… »
Court Considers Third Party's Product When Evaluating Novelty of Industrial Design
In November 2010 Turkish company SPA Fonksiyonel Gıda İçecek ve Turizm Yatırımları Ticaret İthalat İhracat Limited Şirketi filed an industrial design application for the design reproduced below before the Turkish Patent Institute (TPI). Red Bull GmbH filed an opposition against the application on the grounds of lack of novelty and distinctiveness based on the get-up of the Red Jak energy drink, depicted below, which was on sale in 2006 and 2007. The opposition was also… »
Emergency Buttons for Business Partners
On 21 July 2016, the Council of Ministers of Turkey announced a state of emergency for the entire country due to the failed military coup which took place on 15 July 2016. Following such announcement, the state of emergency period has been further extended for an additional three months starting from 19 January 2017 as per the decision published in the Official Gazette on 5 January 2017. As a consequence of the state of emergency, the Council of Ministers has decided to take… »
Turkish Restrictions on the Internet: The Highly Debated New Law in Turkey Enters into Force and is Subsequently Amended
Social Responsibility Turkish Restrictions on the Internet: The Highly Debated New Law in Turkey Enters into Force and is Subsequently Amended March 11, 2014 Articles — Bentley James Yaffe, Selin Sinem Erciyas and Uğur Aktekin Corporate and M&A Intellectual Property Services First Published: Mondaq, Co-Author, Featured Article: The Law Regarding the Amendment of the Decree Law on the Structure and Duties of the Ministry of Family and… »
Turkey’s New Internet Law Increases State Control
Turkey’s new internet regulations are being seen as draconian. Turkey’s controversial new Omnibus Law, which came into effect on 19 February, has introduced some significant changes to the existing internet publication law. The new law received criticism at every legislative stage, from the initial debates in the commission to the final approval by the president. It introduces amendments that will increase the mechanisms of state and judicial control over internet use and… »