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Search and Seizure Warrants in Criminal Proceedings...
The criminal provisions of the Code of Industrial Property No:6769 (IP Code) which has been entered into force on January 10, 2017, lists the following acts to constitute trademark infringement... ...
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European Commission’s 2018 Report: Turkey is praised for good progress and good level of protection in Chapter 7 on Intellectual Property acquis...
On April 17, 2018, the European Commission released its fact sheet on Key Finding of the 2018 Report on Turkey  along with the Commission Staff Working Document on Turkey 2018 Report (“Report”). Chapter 7 of the Report is dedicated to the findings as to Turkey’s progress with respect to Intellectual Property acquis communautaire. Turkey is praised for having a “good level of preparation in this area&r...
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COPYRIGHT REGISTRATION IN TURKEY...
Turkey is a party to Berne Convention since 1951 which is the oldest international convention regulating copyright. Under Berne Convention and Law on Intellectual and Artistic Works (“Copyright Act”), there are no formalities regarding the registration of copyright. The work is protected upon its creation with no formality and/or ceremony. This being the fact, it is always advisable to register a work for purposes of having ...
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Alert for International Trademark Holders...
The new Turkish IP Code no. 6769 (“IP Code”), which is now in force for almost more than a year, introduced the possibility for the trademark applicants to put forward the non-use claim as a defense and the possibility to settle the opposition via mediation. ...
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New IP Code – changes regarding patents, new post-grant opposition and enforcement provisions...
The Industrial Property Code 6769 (IP Code) entered into force on January 10 2017. It repealed and replaced the decree-laws on patents, utility models, trademarks and service marks, industrial designs and geographical indications. The new IP Code has made a wide-ranging impact at: ...
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Anticipated changes pave way to new IP environment...
Turkey is preparing to replace its existing decree-laws on the protection of trademarks, patents, industrial designs and geographical indications with a draft IP Law covering all of these rights. The draft was issued on February 24 2016 for public consultation until March 4 2016 and has now been referred to Parliament for enactment. ...
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IP Draft Trademarks GI Prosecution Enforcement...
Turkey is preparing to change the existing Decree Laws concerning the protection of trademarks, patents, industrial designs and the geographical indications by replacing them with a draft IP Law covering all the aforementioned rights. The draft was released on February 24, 2016 for public consultation until March 04, 2016 and has now been referred to the Parliament for enactment. We wish to refer some major topics concerning Trademarks ...
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IP_Draft_Patents_Industrial Design_Prosecution_Enforcement...
Turkey is preparing to change the existing Decree Laws concerning the protection of trademarks, patents, industrial designs and the geographical indications by replacing them with a draft IP Law covering all the aforementioned rights. The draft was released on February 24, 2016 for public consultation until March 04, 2016 and has now been referred to the Parliament for enactment. We wish to refer some major topics concerning Patents and...
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Turkey Law Personal Data Protection (April 2016)...
The Law on Protection of Personal Data (Law) has been enacted on March 24, 2016 and published on the Official Gazette dated April 07, 2016. We wish to refer some major topics concerning the Law as follows: ...
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Draft IP Law Newsletter Series 7 (Administrative Procedure for Cancelling a TM Registration)...
The Turkish Patent Institute (T.P.T.O.) has no authority to cancel a registered trademark according to the current provision. ...
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Draft IP Law Newsl Series 6 (The refusal grounds for trademarks)...
The Absolute Groundsand Relative Groundsfor refusal provisions within the current Decree-Law No. 556 on the Protection of Trademarks, was mainly reflecting First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks. ...
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Draft IP Law Newsletter Series 5 (Non-use cancellation claims can be filed before the T.P.T.O.)...
According to the current Turkish Decree Law No. 556 on Trademarks, it is possible to institute a court action for the cancellation of a registered trademark on the basis of non-use, if the trademark has not been put to use without a justifiable/legitimate reason or if the use has been suspended during an uninterrupted period of five years. ...
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Draft IP Law Newsl Series 4 (Registered IP Rights-No longer a valid ground for use)...
The Decree Laws No. 556 for Trademarks and 554 for Industrial Design does not have any provision in this respect whereas the Decree Law No. 551 for Patents, regulates this matter under the heading of “Effects of Patents of Prior Date” in Article 78, by stating that the holder of a Patent, cannot invoke the Patent registration in his defense in infringement actions instituted against him based on other Patents that have an ea...
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Draft IP Law Newsletter Series 3 (Non-use as a counter-claim)...
According to the Article 14 of the current Turkish Decree Law no: 556 on Trademarks, it is possible to institute a court action for the cancellation of a registered trademark on the basis of the non-use if the trademark has not been put into use for the past 5 years period. However non-usecan only be claimed before the IP Court and Turkish Patent Institute is NOT entitled to consider and evaluate the use of the trademark, even if non-us...
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Draft IP Law Newsletter Series 2 (Biotechnological Inventions)...
The Decree Law No: 551 on Protection of Patents, does not specifically refer to the patentability of biotechnological inventions. The Decree Law Art.5 and Art.6 define patentable inventions and non-patentable subject matters in line with Art. 52of the EPC 1973 ...
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Draft IP Law Newsletter Series 1 (Process Patents_Burden of Proof)...
Article 84 of the Decree Law No. 551 states that where a patent concerns a process for the manufacture of new productsor substances, unless proof to the contrary, any product or substance having the same properties shall be deemed to have been obtained by using the patented process. The burden of proof lies with the persons claiming the contrary ...
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Protection of Second Medical Use Patents in Turkey-DERIS...
It is commonly known that pharmaceutical patents cover the substance or the composition itself (molecule patents) and the use of this substance or composition in the treatment of a disease (indication patents). ...
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Constitutional Court cancels additional provision of Decree-Law 556...
With two new decisions the Constitutional Court continues to chip away other provisions of Decree-Law No. 556 on trademarks further eroding and weakening the legislative basis of the protection of IP rights. ...
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Information Note For E Commerce Law...
Long-time expected Electronic Commerce Law No.6563 has been enacted by The Grand National Assembly of Turkey on October 23, 2014 in harmonization with 2000/31/ EC E-Commerce Directive. The Law published on November 05, 2014 in the Official Gazette and will come to into force on May 1, 2015. ...
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Patent Partial Invalidation Decision...
As is known, the Decree-Law No. 551 on patents and utility models does not provide for opposition. Therefore the nationally filed patents/utility models are not subject to opposition whereas European patents extended to Turkey may be opposed before the European Patent Office. ...
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The necessity for eliminating the difference in regimens between patent and trademark attorneys...
Patent and trademark attorneys are divided into two groups in terms of their being attorneys-at-law or not. ...
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Turkey Law Amendment...
The criminal route and sanctions applicable to the infringement of industrial property rights protected in this country on the basis of Decree-Laws dated 27 June 1995 (No. 551 on Patents and Utility Models, No. 554 on Design Patents, No. 555 on Geographical Indications and No. 556 on Trade and Service Marks) have been negatively affected by two concurrent developments as from 1 January 2009. ...
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Exhaustion Of Trademark Rights...
Article 13 of the Decree Law no.556 on “Exhaustion of the Rights Conferred by a Registered Trademark” reads in its first paragraph that “The acts related with a product bearing the registered trademark shall not constitute a breach of the rights of a registered trademark, where such acts have occurred after the product has been put on the market in Turkey by the proprietor or with his consent”. ...
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Patent Infringement...
In the absence of any patent protection in Turkey, it is only possible to take a legal action on the basis of unfair competition according to the general Unfair Competition provisions of the Turkish Code of Commerce where the concerned products are being offered for sale or sold in Turkey prior to those of the counterfeiters. ...
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Trademark Registration Notices On Goods...
The notice registration is not mandatory in Turkey since the Decree Law no.556 on Trade/Service marks does not contain any provisions pertaining to the marking requirements. ...
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Patent Enforcement According to the New IP Code in Turkey...
Geographically positioned between Europe and Asia, Turkey is an important strategic country with a population of 79.8 million and the largest youth population compared with countries in the European Union. ...
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Turkey Employee Inventions and Employee Designs according to the new IP Code (Law on Industrial Property No. 6769 in force since 10 January 2017)...
This is one of main areas of intervention of the new IP Code. The provisions of the repealed Decree-Law No. 551 of 27.06.1995 on Patents and Utility Models regarding “Employee Inventions” which had been adopted from the German Act on the subject have undergone substantial structural modifications under the new IP Code. ...
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New Duty Free Stores Regulation Acknowledges Enforcement of IP Rights...
On August 8, 2017; the Regulation on the Duty-Free Stores (the “Regulation“) issued by the Turkish Ministry of Customs and Trade was published in the Official Gazette. The Regulation will enter into force on September 7, 2017. ...
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New Practice: Mediation in Trademark Oppositions...
The Turkish Patent and Trademark Office ('the Office') has been empowered to propose an alternative dispute resolution mechanism i.e. the mediation during the trademark opposition procedure by the new Industrial Property Code No. 6769 ('IP Code') which entered into force on January 10th of 2017. The Regulation issued for the implementation of the IP Code provides details on how the mediation should be effected. ...
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Turkey: New IP Law Trademarks – Geographical Indications Prosecution & Enforcement...
The new Law entered into force upon being published in the Official Gazette of January 10, 2017. Here are some major changes introduced by the new Law: ...
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Turkey : New IP Law Patents – Industrial Designs Prosecution & Enforcement...
The new Law entered into force upon being published in the Official Gazette of January 10, 2017. Here are some major changes introduced by the new Law: ...
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T.P.T.O.’s Higher Council Decision-2...
Registrability of a trademark that consists of a descriptive term and a distinctive figurative element ...
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Draft IP Law_Newsl Series 8 (A totally new stage : Post Grant Opposition)...
The current Decree Law No. 551 on Protection of Patent Rights did not have any regulations enabling third parties to oppose against patent grant decisions. ...
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T.P.T.O.’s Higher Council Decision...
Re-filing of trademark subject to a cancellation action can not be deemed as good faith ...
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