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Turkey plain packaging, WIPO praises Pakistan IPO and '.amazon' up in the air: news round-up

In our latest round-up, we look at a tussle over BRENT marks in Singapore, a "worrying trend" of retail fakes in Papua New Guinea, a new UK IP minister, and much more.

12 Apr 2018

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky.

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

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9 Nov 2018

Rights holders beware: criminal raid action deemed to be act of unfair competition

In a ground-breaking decision, the Turkish Court of Appeals has held that a criminal raid action constituted an act of unfair competition and that the complainant should pay compensation to the defendant for damages incurred due to the raid. Read more

25 Oct 2018

Hope for Microsoft: opponent which filed new application for unused mark found to have acted in bad faith

In a dispute between Microsoft and a prominent grocery business in Turkey, the Turkish Re-examination and Evaluation Board has found that the grocery business had acted in bad faith by filing a new application for an unused mark. Read more

10 Oct 2018

Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

The General Assembly of the Turkish Civil Court of Appeals has held that an agreement restricting the use of a mark can later be relied on to prevent the registration of that mark. Read more

29 Aug 2018

How to avoid pitfalls in Turkey when it comes to dynamic marks

Fluid trademarks are fun and innovative marketing tools for brand owners, but as there is no express protection for such marks in Turkey, they can be legally unstable and vulnerable. Read more

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Anti-counterfeiting

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24 May 2018

Procedures and strategies for anti-counterfeiting: Turkey

The availability of preventive measures at Customs is vital in the fight against counterfeiting. In light of this, the Customs Code and the relevant customs regulations have been amended in line with TRIPs. Read more

13 Feb 2018

New circular improves customs protection of IP rights; number of suspensions increases considerably

A new circular, published by the Ministry of Customs and Trade to remedy a gap in the system for the protection of IP rights by Customs, has allowed right holders to combat counterfeiting more effectively. Read more

26 Jan 2018

Pharma brands warned not to be ‘trademark bullies’, Turkey on top, and world’s oldest mark: news round-up

We look at Turkey moving to the top of the European trademark filing league, Activision prevailing in a lawsuit in China, and a warning to pharma brands. Read more

18 May 2017

Procedures and strategies for anti-counterfeiting: Turkey

Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial designs, unifying them into a single code. Read more

Brand management

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29 Jun 2018

Criminal complications – Turkey’s counterfeiting challenge

Turkey is a tourist hot spot – but as the visitor numbers escalate, so too do the fake products. A good brand protection strategy can help to reduce the visibility of counterfeit products riding on the coattails of a trademark. Read more

1 May 2018

Turkish licensees’ obligation to use

Rights holders can significantly benefit from a proficient licensing agreement, provided that both parties uphold their end of the bargain. Depending on the type of agreement, licensees must fulfil various obligations before they can reap the rewards of a well-established trademark. Read more

1 Mar 2018

Turkey welcomes letters of consent

Pursuant to the new Industrial Property Law, similar or identical trademarks will no longer be considered absolute grounds for refusal if applicants submit a letter of consent for use from the prior owner. Read more

Enforcement and litigation

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9 Nov 2018

Rights holders beware: criminal raid action deemed to be act of unfair competition

25 Oct 2018

Hope for Microsoft: opponent which filed new application for unused mark found to have acted in bad faith

10 Oct 2018

Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

The General Assembly of the Turkish Civil Court of Appeals has held that an agreement restricting the use of a mark can later be relied on to prevent the registration of that mark. Read more

23 Jul 2018

New presidential government system brings changes to Patent and Trademark Office's legal framework

The adaptation of the Patent and Trademark Office to Turkey’s new presidential government system created uncertainty as to the legal basis for the office’s existence. However, Presidential Decree No 4 has now re-established the Patent and Trademark Office. Read more

Goverment/policy

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5 Feb 2018

Use of emblem for GIs and traditional products now mandatory

Following the entry into force of a new regulation on January 10 2018, it is now mandatory to use an emblem on products protected by GIs and on traditional products. Read more

23 Nov 2017

New TPTO guidelines on proof of use

The new Turkish Industrial Property Law entered into force in January 2017. It introduced guidelines for providing proof of use in oppositions, providing that where an opposition is based on similarity claims and where a trademark has allegedly been registered for more than five years, an applicant can demand that an opponent provide proof of use of the trademark or give good reason for non-use. Read more

9 Nov 2017

Bad-faith decisions upheld by Turkish Court of Appeal

In two recent decisions the Turkish Court of Appeal has upheld that a distributor acted in bad faith by trying to obtain the trademark of a genuine rights holder, and that if an applicant is aware of the trademark of the genuine owner, it must also be deemed to have acted in bad faith. After the IP Code entered into force in January 2017, the principle regarding bad faith is now one of the relative grounds for refusal. Read more

3 Jul 2017

New code of conduct for trademark attorneys enters into force

The Turkish Patent and Trademark Office recently published the Regulation on the Code of Conduct and Discipline of Patent Attorneys and Trademark Attorneys, with the aim of regulating the rules and procedures applicable to the conduct of patent and trademark attorneys and the Disciplinary Board of Patent and Trademark Attorneys, among other things. Read more

IP offices

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6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

31 Oct 2017

Proof of Use Guidelines updated

The Turkish Patent and Trademark Office (PTO) published the Proof of Use Guidelines in April 2017 after the non-use defence was enacted by the new Industrial Property Code 6769. The PTO recently issued an updated version of the guidelines in order to clarify the use and functions of this new procedure. Read more

21 Mar 2016

New Draft Industrial Property Code unifies previous laws in single code

The new Draft Industrial Property Code was circulated for a period of consultation which finished on March 4 2016 and is expected to be sent to the Council of Ministers within the next few weeks. Read more

18 Mar 2016

Official Trademark Bulletin now published twice a month

The Official Trademark Bulletin will now be published twice a month. This change is expected to require a much stricter follow-up of the bulletin and the legal opposition deadlines in order to avoid the possible loss of rights due to the increased frequency of publication. Read more

Online

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1 Jan 2018

Turkey: Search engines yield mixed results on liability

Search engines offer wide-reaching advertising opportunities, but the law is patchy on where liability for use of metatags and keywords falls in a trademark infringement suit. Read more

Portfolio management

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29 Jun 2018

Criminal complications – Turkey’s counterfeiting challenge

1 May 2018

Turkish licensees’ obligation to use

12 Mar 2018

Turkish Higher Board takes different approaches to same device element in separate decisions

In two cases involving the figurative marks PELOTON ISTANBUL and CLUB PELOTONIST and the earlier word mark PELOTON, the Re-examination and Evaluation Board has reached similar conclusions but followed very different approaches. Read more

1 Mar 2018

Turkey welcomes letters of consent

Trademark law

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23 Apr 2018

Twitter

18 Dec 2018

@WTRmagazine We are excited to announce @InsidePMI and @Valideus will be discussing effective brand enforcement since the introd… https://t.co/QuYohtVw9g Read more

16 Dec 2018

@WTRmagazine RT @MarksmenTweets: Nine takeaways from @WTRmagazine's Brand Strategy China event in Shanghai: https://t.co/cSltIQrhRt #brandprotection #an… Read more

14 Dec 2018

@WTRmagazine RT @MarksmenTweets: How @INTA is helping to shape the #trademark environment in Africa and the Middle East -@WTRmagazine https://t.co/NDkT9… Read more

13 Dec 2018

@WTRmagazine UAE counterfeit seizures, Brazil predicted for 2019 Madrid accession, and Lacoste scores big win: news round-up.… https://t.co/D3BBl9o96N Read more