Turkey: A Boost To Wind & Solar
Turkey has been active over the last year in molding its renewable energy market. Long discussed feed-in tariffs were increased with an amendment made to the Renewable Energy Law. The wind license applications which have been suspended since 2007 are issued. The EMRA issued a number of communiques one of which sets forth the on-site measurement obligations to obtain licenses for wind or solar power plant applicants. The Ministry of Energy solicited opinions from the market… »
Turkey: Love and Marriage
Turkey’s commercial environment will see significant changes starting summer 2012. The two main legislative documents regulating any form of commercial and contractual affair, the New Code of Obligations (Turkish Code of Obligations numbered 6098 and dated January 11 2011) and the New Commercial Code (Turkish Commercial Code numbered 6102 and dated January 13 2011), will replace the current legislation when they enter into force on July 1. Needless to say, the New Commercial… »
Imitation of Mark's Calligraphy Found to be Indication of Bad Faith
Turkish textile company AG Tekstil filed an opposition against the application for the registration of the trademark AG ADRIANO GOLDSCHMIED by Adriano Goldschmied LLC, the owner of the well-known trademark AG (and device). The opposition and appeal were rejected. Another action filed by Tekstil seeking the annulment of the Turkish Patent Institute’s Higher Board’s decision was also rejected, thereby allowing the registration of the trademark AG ADRIANO GOLDSCHMIED. During the… »
Turkey: What If It Leaks?
The Turkish Law Perspective On Third Party Civil Liability In Nuclear Accidents As Turkey embarks on the path to becoming a nuclear energy nation with the start of the pre-construction preparations of the nuclear power plant in Akkuyu, Mersin by the Russian Rosatom1, the discussions on safety related issues are far from settled. The debate once again flared up in the wake of the unfortunate radiation leak on the Fukushima nuclear power plant following the devastating… »
Colour Marks Looking Pale in Turkey
Internationally acclaimed Galatasaray Football Club’s licensee filed an action against a paint manufacturer company by relying on the unfair competition created through the marketing of face-paints in the yellow-red colour combination. The licensee company argued in the first instance that the exclusive license obtained from the Club provided the company the exclusive right to market goods/services with the yellow-red colour combination and defendant’s face paint products in… »
TURKEY: Partial Cancellation of Well-Known Trademarks on Grounds of Non-Use
In decision 2010/11-695E, 2011/47K of February 9, 2011, the General Assembly of Civil Chambers of the Court of Appeals established a limit to the wide scope of protection for well-known trademarks, holding that pursuant to Articles 14 and 42 of the Decree-Law on the Protection of Trademarks (No. 556, June 27, 1995), the registration for a well-known trademark can be partially cancelled on the ground of non-use. The Court of Appeals discussed the issue of the strength of a… »
Turkish Patent Institute Introduces Trademark Examination Guideline
The Turkish Patent Institute (TPI) has published a trademark examination guideline within the context of the EU twinning project entitled “Supporting Turkey for Enhancing Implementation and Enforcement of Industrial Property Rights", which is carried out by the TPI and the German Foundation for International Legal Co-operation (IRZ Foundation). This document was prepared in accordance with Law 5000 on the TPI’s Organisation and Functions, which allows the TPI to collaborate… »
New Communiqué On Classification Of Retail Services In Class 35 Enters Into Force
The Turkish Patent Institute (TPI) has introduced an amendment to the Communiqué Concerning the Classification of Trademark Applications (BIK/TPE 2007/2). The new communiqué entered into force on October 19 2011 upon its publication in the Official Gazette. Since 1999, the TPI had not accepted sector-specific identifications in Class 35. Even if the applicant limited the description of the services to a certain sector, the TPI changed the wording to “bringing together a… »
Absolute Ground for Refusal Under Article 7/1(b) Interpreted Narrowly
On September 28 2010 the Re-examination and Evaluation Board of the Turkish Patent Institute interpreted Article 7/1(b) of the Trademark Decree Law 556 in a narrow sense. Diversey Inc (formerly known as JohnsonDiversey Inc), a leading global provider of cleaning and hygiene solutions, applied to the Patent Institute for the registration of the word mark DIVERSEY in Classes 1, 3, 5, 7, 21, 37 and 41 of the Nice Classification. The application was partially refused following an… »
UGG Recognised as Well-Known Trademark
A Turkish court has held that UGG was a well-known trademark in Turkey within the context of a cancellation action.The plaintiff, a Turkish company importing boots from Australia, challenged the registration of the UGG mark, owned by Deckers Outdoor Corporation. The plaintiff claimed that the trademark should be cancelled on the grounds, among others, that it was generic. On two separate occasions during the proceedings, the plaintiff sought a preliminary injunction… »
The Scope Of Job Security Provisions In Turkish Law In The Light Of Precedents Of The Court Of Appeal
In Turkey, job security provisions were established by the Labor Act dated May 22, 2003 and numbered 4857, (the “Labor Act”). In Turkish law, provisions concerning job security were intended to limit the right of the employer to terminate open-ended employment contracts. The scope of job security and its limitations are detailed in Article 18 of the Labor Act. The employer is obliged to abide by specific procedures and must give a valid reason when terminating work contracts… »
Practical Information for Acquisition of Real Estate by Foreigners
INTRODUCTION It has recently been observed that there is a serious increase in the demand and acquisition of real estate by foreigners in Turkey. Naturally, as in every country, there are some restrictions and rules regarding the acquisition of real estate by foreigners. In addition, there are some administrative regulations and procedures for the use of these acquired properties. This work aims to be used as a guide in order to give general and practical information with… »