Insights
Alternative Remedy for Anticounterfeiting: Complaint Before Advertisement Board
In its recent decisions[1], the Advertisement Board imposed sanctions against the advertising of counterfeit products that were sold and advertised as genuine products on various websites Instagram pages, according to Law No. 6502 on Protection of the Consumer (“Consumer Protection Law”) and the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Advertising Regulation”). The complaints subject to these decisions are based on the fact that the… »
Leveraging Civil and Criminal Routes in Trademark Infringement Cases
Five years have passed since the adoption of Turkey’s new Intellectual Property Code (“IP Code”), which annulled the Trademark Decree-Law no. 556 (“D-L”) back in January 2017. This piece of legislation introduced several changes to the trademark law. Some changes were expected for a long time, whereas some were surprising even to IP practitioners who were directly involved in preparing the draft of the IP Code. It would be fair to say that the Office and the courts almost… »
Non-Fungible Tokens (NFTs) and Trademarks
Non-Fungible Token (NFT), which we have heard more often since the beginning of 2021, is a digital asset that uses blockchain technology and mostly operates within Ethereum. NFT is a digital token that cannot be exchanged or replaced and may represent many tangible objects in the real world, such as songs, artworks, GIFs, virtual game items, videos, cartoons. NFT is technically not the asset itself, whereas it is a metadata file that contains the unique combination of Token… »
Recent Developments & Turkey’s Position on SEPs: Navigating The Technology-Driven World
Standard essential patent (SEP) appears to be the new buzzword of patent law considering the upward trend in patent litigation arising from SEPs. Indeed, the continuous technological advancement supports the creation of SEPs so this trend is likely to continue in the near future. Accordingly, SEPs is a concept arising from the interaction between patent rights, which provide exclusive use of an invention and ‘standards’ aimed at the widespread and mandatory use of this… »
Additional Price Difference in Public Tenders and Assignment of Tender Agreements
A provisional article was added to the Public Procurement Agreements Law (the “Law”) on 19.01.2022 in order to provide an additional price difference upon the request of the contractors and to enable the contractors to assign their tender agreements with the approval of the relevant tender authority for certain procurements of goods/services and construction works. The purpose of this additional provision was to eliminate the negative implications of disruptions on supply… »
Turkish Radio Television Supreme Board Sanctioned Scenes Relating to Stereotypes of Virginity
In its decision numbered 21 rendered at the meeting dated 28 April 2021 and numbered 2021/17; the Radio Television Supreme Board (“Board”) inspected a TV series called “Camdaki Kız” (the girl in the window) broadcasted in a national channel in Turkey and made remarkably critical evaluations for the scenes relating to stereotypes of virginity. The scenes and dialogues showing a mother forcing her daughter to wear a virginity corset throughout her all life starting from her… »
The Role of Informed User and Freedom of Choice in the Assessment of Individual Character of a Design
Design law enables the protection of the appearance of a product. According to the Industrial Property Code (IP Code), a design must be new and have the individual character to obtain design protection. The overall impression produced by it on the informed user and the designer’s degree of freedom in developing the design must be observed to consider whether the design has individual character. While there is a reference to both the degree of freedom of choice and informed… »
IP Rights Also Protect Public Health and Safety
This matter started as an ordinary anti-counterfeiting case after receiving a picture of a fire-resistant glass from a global manufacturer of such products. The logo trademark was simply printed on the glass, and due to several inconsistencies, it was explicitly a fake product. Nevertheless, when it turned out that the fake product was not fire-resistant at all, public health and safety became the major concern besides trademark infringement. After an investigation into the… »
18+ Markings for Products with Rainbow Themes
Advertisement Board, with its highly controversial decision on November 2020; deemed the promotions and the sales of products such as t-shirts, sweatshirts, coffee mugs, phone cases, beach towels offered for sale on various e-commerce sites with expressions ”normal”, “LGBT”, “LGBT Power”, “Equality, Bisexual, Freedom, Lesbian, Gay, Love is Love, Homosexual”, LGBT Relationship”, “Love is Love”, “Pride”, “Peace”, “Love is Love”, and rainbow themes without +18 markings against… »
Influencer Marketing and Social Media Influencers
In Turkey, until recently, there were no special provisions, laws, regulations or self-regulating rules relating to advertising through social media. In this respect, general advertising rules and principles were to apply. The control and supervision of advertisements on social media were also subject to the laws, regulations and provisions which apply to advertisements conducted through other media channels. It was considered that the advertisements published on social media… »
Sanctions on Food Supplement Ads on Social Media
In its meeting dated 14.07.2020 and numbered 299, the Advertisement Board imposed sanctions against the advertisement of a food supplement with the false health claim by various celebrities and ordered to cease the broadcast of food supplement’s advertisement and imposed administrative monetary fine corresponding to 104.781 Turkish Liras against each celebrity who advertised the product on his / her social media page as well as the advertiser. The Advertisement Board examined… »
Coronavirus Related Health Claims
After the first COVID-19 case encounter in our country, the advertisements of the food supplements and foods with health claims and nutrition claims have increased. The said products have been advertised and promoted to consumers on diverse platforms, including TV, radio and online platforms. Competent legal authorities launched investigations since some food supplements advertised are not even authorised for sales, and some made misleading health claims in their advertising.… »