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Turkey

What Turkey’s domestic economic difficulties mean for brands and their advisers 

Political and economic circumstances have made it difficult for domestic brands to build value, which could prove to be a setback for future growth. However, this could also create opportunities for law firm practitioners.

What Turkey’s domestic economic difficulties mean for brands and their advisers 
21 Feb 2019

“We refer to this case as a hydra”: inside Harvard’s battle to protect its brand in Turkey 

Last month a Turkish court ruled in favour of Harvard University in a case centred on the unauthorised licensing of the Harvard name. The legal team behind the case speak to WTR and offer takeaways for trademark professionals.

7 Dec 2018

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.

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8 Apr 2019

Constitutional Court weighs trademark rights against freedom of expression

Following an application by an individual, the Turkish Constitutional Court has considered whether the freedom of expression is violated by an order blocking the access to a website for an indefinite period of time.  Read more

14 Mar 2019

Imprisonment for breaching injunctions is annulled by Constitutional Court

Turkey’s Constitutional Court has annulled the first sentence of Article 398(1) of the Code of Civil Procedure, which deals with disciplinary imprisonment for acting against a preliminary injunction. Read more

29 Jan 2019

Litigation procedures and strategies: Turkey

Turkey has no arbitral institutions that specialise in IP disputes. However, it is accepted that, regardless of their nature, trademark disputes that can be settled between the parties may be subject to arbitration. Read more

14 Jan 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes.  Read more

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Anti-counterfeiting

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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

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

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. 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

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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8 Apr 2019

Constitutional Court weighs trademark rights against freedom of expression

Following an application by an individual, the Turkish Constitutional Court has considered whether the freedom of expression is violated by an order blocking the access to a website for an indefinite period of time.  Read more

14 Mar 2019

Imprisonment for breaching injunctions is annulled by Constitutional Court

Turkey’s Constitutional Court has annulled the first sentence of Article 398(1) of the Code of Civil Procedure, which deals with disciplinary imprisonment for acting against a preliminary injunction. Read more

29 Jan 2019

Litigation procedures and strategies: Turkey

Turkey has no arbitral institutions that specialise in IP disputes. However, it is accepted that, regardless of their nature, trademark disputes that can be settled between the parties may be subject to arbitration. Read more

14 Jan 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes.  Read more

Goverment/policy

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7 Jan 2019

Turkish government introduces restrictions on use of trademarks on tobacco products

The control of tobacco consumption has long been one of the top priorities of the Turkish government. In November 2018 Law No 7151 entered into force, introducing new regulations regarding the packaging of tobacco products. Read more

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

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

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

IP offices

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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

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

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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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 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

Trademark law

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8 Jan 2019

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on 10 January 2017. According to the new law, both registered and unregistered design protection is available for new and distinctive designs. 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

23 Apr 2018

Court of Appeals: target consumers' level of attention rules out likelihood of confusion

In a landmark decision, the Turkish Court of Appeals has held that the level of attention of the target consumers plays a significant role in the assessment of the likelihood of confusion. Read more

18 Apr 2018

SARAY POPPY decision: a new approach to likelihood of confusion and vested rights?

The Turkish Court of Appeal has upheld the striking decision of the Civil IP Court in the SARAY POPPY case, finding 'pop' and 'poppy' to be similar, even though they are generic. Read more

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Turkey welcomes letters of consent

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Constitutional Court weighs trademark rights against freedom of expression

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Imprisonment for breaching injunctions is annulled by Constitutional Court

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Mediation now mandatory for monetary-related IP disputes

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Eng Leong Lim
Trademark Manager
Kuala Lumpur, Malaysia
Henry Goh & Co Sdn Bhd
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