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Articles

Articles Insights: 509


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Intellectual Property Services | Trademarks and Designs || Uğur Aktekin and Berrin Dinçer Özbey


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Intellectual Property Services | Trademarks and Designs || Mutlu Yildirim Köse


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Corporate and M&A | Dispute Management || Görkem Bilgin


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IP Prosecution || Ayşen Kunt


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Technology, Media and Telecom || Begüm Yavuzdoğan Okumuş

  • Prevent unlawful processing of personal data,
  • Prevent unlawful access to personal data,
  • Maintain safeguarding of personal data.
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Trademarks and Designs || Uğur Aktekin, Mutlu Yildirim Köse and Seda Gümbüşoğlu

  • A four-day legal gap was created following the annulment of Article 14 of Decree-Law No 556, which regulated the use requirement
  • The Court of Cassation has recently considered this legal gap for the first time
  • It is now clear that one may file a non-use revocation action without having to wait for the expiry of the five-year period following the publication of the IP Code
Background In 2016 the Turkish Constitutional Court annulled Article 14 of Decree-Law No 556, which regulated the use requirement for trademarks. »


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Corporate and M&A || Filiz Toprak Esin and Edanur Atlı


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Intellectual Property Services | Trademarks and Designs || Güldeniz Doğan Alkan

  • Amendments to the Turkish Property Code were published in the Official Gazette on 8 July 2019
  • Notarised signature declarations/notarised signature circulars are no longer required for a number of procedures
  • It is hoped that this will eliminate paperwork and speed up processes at the Patent and Trademark Office
The Turkish Regulation on the Implementation of the Industrial Property Code, which is the main regulation for industrial property rights, has been amended by a regulation published in the Official Gazette on 8 July 2019 (No 30825). »


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Intellectual Property Services | Patents and Utility Models || Selin Sinem Erciyas and Maral Sayan

It has become common for a plaintiff in an invalidation or determination of non-infringement action to demand a precautionary injunction against a defendant patentee to prevent it from enforcing its patent rights against the plaintiff, although there is no explicit legal provision for this in the Turkish Patent Law or procedural law.
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Intellectual Property Services | Patents and Utility Models || Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

Headnote
The Turkish Court of first instance held that the liability for damages arising from an unfair preliminary injunction (where no infringement was found in the action on the merits) is a type of strict liability and therefore did not investigate whether the defendant was at fault when ruling that the conditions for compensation were deemed to be fulfilled.
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