Insights
Schrödinger’s Paradox in the Patent World: Can a Marketed Product Fall Outside the Prior Art?
On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (“EPO”), in its decision G 1/23, clarified whether a product already placed on the market, but whose internal structure cannot be analysed or reproduced by the skilled person, may nevertheless be excluded from the state of the art in the assessment of inventive step. In doing so, the Board added a new dimension to the ongoing debate following decision G 1/92. The dispute giving rise to the decision… »
Turkish Court of Cassation’s Stance on Short Word Trademarks
According to the Trademark Examination Guideline of the Turkish Patent and Trademark Office, which is aligned with the EUIPO guidelines, the comparison of trademarks should be based on the overall impression created by the marks. In this assessment, the length of a trademark can be an important factor. In general, the shorter a sign is, the easier it is for the public to perceive each of its elements. Conversely, in longer signs, differences are less likely to be noticed.… »
Advertising Alcohol on Social Media
In Türkiye, the advertising, promotion, and similar activities related to alcoholic beverages are prohibited across all communication channels, including television, radio, cinema, print media, and digital platforms. Therefore, it is not permitted to promote or advertise alcoholic beverage brands in any way. This restriction also includes advertisements made through social media influencers. The Advertisement Board has scrutinised hidden advertisements of alcoholic beverage… »
New Developments Regarding the Obligation to Register with the Data Controllers’ Registry
With the decision of the Personal Data Protection Board dated 04.09.2025 and numbered 2025/1572, which entered into force by being published in the Official Gazette on 01.10.2025, the scope of data controllers exempt from the obligation to register with the Data Controllers’ Registry (VERBİS) has been amended. Previously, data controllers whose main activity involved processing special categories of personal data were subject to the VERBİS registration obligation. However… »
Protection of Personal Data and Data Subject Rights in the Context of Artificial Intelligence Technologies
The processing of personal data is inevitable during the use of artificial intelligence technologies. The processing of personal data in accordance with fundamental principles and the protection of the rights of data subjects and the accurate and adequate response to their requests will essentially minimize the risks of harm to individuals arising from the processing of personal data in artificial intelligence technologies and serve to protect their personal rights at all… »
Legal Issues Arising in Autonomous (Driverless) Vehicles: Liability and Privacy
Rapid technological developments in the automotive sector have led to the increased presence of autonomous (driverless) vehicles in traffic in some countries around the world, thereby bringing related legal issues to the forefront. In this context, there is a need for legal regulations that can keep pace with technological developments and respond to emerging needs, and the adequacy of existing legal regulations in serving technological developments is being evaluated. Among… »
Court of Cassation Issues Controversial Decision on Likelihood of Confusion in Dispute Over Pharma Marks
The owner of the marks BATIKAR and BATISOL in Class 5 sued the defendant for selling antiseptic disinfectants under the mark MIRADERM BATIMER While the IP Court ruled in favour of the defendant, the Regional Court – and subsequently the Court of Cassation – found that the shared element ‘bati’ created a likelihood of confusion Arguably, the courts did not take into account the specifics of the relevant sector and the global appreciation principle in the examination of… »
IP and Music: Feel the Beat of Intellectual Property
Music is a universal form of expression that transcends cultures, languages, and generations. From ancient times to today’s digital platforms, music has always served as a powerful carrier of emotions, thoughts, and collective memory. The creation of this powerful form of expression involves the creative efforts of many individuals—ranging from lyricists and composers to performers and sound engineers—and this effort is recognized and protected by means of copyrights. In… »
Assessing the Merits of DRS Provider Decisions on Domain Names in Türkiye
As of September 14, 2022, disputes concerning domain names with the ccTLD for Türkiye – “.tr” – are resolved under the TRABİS (“TR Domain Name Information System”) framework by accredited Dispute Resolution Service Providers (“DRS Provider”). This new system aims to resolve domain name ownership and use disputes more effectively. A notable recent development in this new system and process emerged when a DRS Provider’s decision was brought before the courts. Alternative… »
When Overall Perception Speaks Louder Than Words: Conceptual Similarity
In the cosmetics sector, logos play a crucial role considering that consumers pay close attention to brand image, but they act quickly when buying products. Visual appearance often shapes purchasing decisions more than the verbal elements of a trademark. Decisions of Turkish Patent and Trademark Office (“the Office”) accepting the similarity between the trademarks discussed below provide a compelling case study of how overall perception and conceptual similarity between the… »
Turkish Court of Cassation Underlines Key Factors in Establishing Trademark Bad Faith
In a decision dated March 18 2025 (No. 2024/3844 E. (Merits), 2025/1879 K), the 11th Civil Chamber of the Turkish Court of Cassation upheld a Regional Court of Appeal finding that a trademark application had been filed in bad faith – reversing a ruling that dismissed the claim. Background to the case and the first-instance ruling On April 11 2019, an application was filed for the registration of the trademark ‘Stayer+’ in classes 7 and 35 of the Nice Classification. The… »
Turkish Patent and Trademark Office’s 2024 Revisions: Updates to the Trademark Classification System
At the end of 2024, Turkish Patent and Trademark Office (“the Office”) made a significant move by publishing a revised communiqué on the classification of goods and services for trade mark registration applications. The changes, which came into effect following their publication in the Official Gazette on 20 December 2024, align the Turkish classification system with the latest updates made to the Nice Classification. These revisions aim to make the trade mark application… »