Insights
The Effect of the Pandemic on Trademark Applications
2020 was a difficult year for businesses as humanity started to live through the first global disaster of the millennium, the Covid-19 pandemic. Just as the fluctuations in the economy and our changing work and lifestyles due to long months spent at homes destroyed our understanding of “normal.” As a result, business mentality, preferences and actions taken during the crisis have all changed. Although it is inevitable for trademark filings to be affected by these changes, the… »
Effects of Covid-19 on Brand Enforcement in Turkey
Turkey’s first official diagnosis of COVID-19 was announced on March 11, 2020. Since then, the country has experienced lockdowns, quarantines, travel bans and limited access to public services at various levels. There were months where the legal and administrative bodies’ effectiveness was inversely proportional with the curve of pandemic. Incidentally, brand enforcement activities were also heavily affected, especially during the second and third quarters of 2020. However… »
Boundaries of the Supervisory Power Granted to the Court of Cassation
When we take a closer look at the history of the Turkish judiciary system, the Court of Cassation has been an institution existing under different names and with different powers since 1868, and it serves as the supreme court of our judicial justice system. The Court of Cassation has taken the current position and duties together with the establishment of regional courts of justice, and the adoption of the triple justice system. Prior to the establishment of regional courts… »
Well-known Trademark Registry Is Again Open for Debate
In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office (the Office) has no authority to create and maintain a registry for recording well-known trademarks. The background of the case relies upon the fact that the plaintiff’s application to have its trademark recorded as well-known was rejected by the Office’s Re-examination and Evaluation Board (the Board). The plaintiff filed a… »
Enforcement of the Foreign Court Decisions Related to IP Rights in Turkey
In principle, a court order rendered in one country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences, in Turkey, this decision needs to be legally recognized and/or enforced by Turkish courts. Regulations regarding the recognition and enforcement of foreign court decisions are stipulated between Articles 50 and 59 of the International Private and Civil Procedure Code (“IPCPC”), numbered… »
Broad Trademarks Registered Without Intention to Use
Filing trademarks on a broad list of goods and services without the intention to use is common practice in Turkey. Owners of such trademarks might have acted in bad faith at the time of filing, or could abuse their rights arising from such trademarks while enforcing them. To illustrate, owners of overly broad trademarks may request third parties to pay a high amount of monies to grant them letters of consent, to withdraw their opposition, or to engage in co-existence… »
Updates on Mandatory Mediation for IP Disputes
As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of… »
International Insurance Law and Regulation 2021
Introduction to the March 2021 Edition of International Insurance Law and Regulation International Insurance Law and Regulation is a comprehensive collection of commentary from internationallyrecognized practitioners who are experts in their jurisdictions. These specialists discuss the law and regulation of insurance in their region, creating a country-by-country guide on doing business in this highly structured and regulated industry. The March 2021 edition contains the… »
Dealing With Social Media Influencers
Based on statistics of a global research Turkey is among the 15 countries with the longest time of both daily internet usage and social media usage. In 2021 there were 54 million social media users in Turkey; equal to 64 percent of the country's population. Influencer marketing through social media influencers has achieved giant growth in the advertising sector. Brands, including global and local ones, cooperate with social media influencers to advertising their brands… »
New IP Court Ruling Sets Precedent For The EPC’s Application in Turkey
A recent ruling from a Turkish IP court breaks new ground in the ongoing battle for the European Patent Convention (EPC, 138/3) to be applied to patents in Turkey. The Turkish IP Law prohibits amendments or limitations of claims or patent documents after a patent has been granted. The only exception to this is changes made by the patentee during the national post-grant opposition phase, which was introduced in 2017. In line with the introduction of a post-grant opposition… »
Reverting a Non-Examined Patent to an Examined Patent During Court Proceedings
In a recent case, a Turkish automotive company filed a patent infringement action against a German international automotive company, arguing that a system used in the cars of the German company infringed its non-examined patent granted before the Turkish Patent and Trademark Office (TPTO). In a counter-claim, the German company and its Turkish authorised dealer filed an invalidation action against the non-examined patent in question before the same court. Although at the… »
The Importance of Special Conditions When Coping with Negative Oil Prices and Covid-19
One way in which the Covid-19 pandemic has affected traders and producers is the shock negative pricing rates for crude oil. On 20 April 2020, the price of a barrel of West Texas Intermediate (WTI), the benchmark for pricing US oil, fell as low as minus USD 37.63. Although the situation only lasted for a few hours, its global impact is measured in millions of dollars. As a result of globalisation, individual investors in Turkey profoundly felt the plunge in prices thousands… »