Region: Turkey

Draft Industrial Property (Rights) Law includes compulsory licence provisions

The compulsory licensing provisions included in the draft Industrial Property (Rights) Law have been hotly debated. As well as encompassing the grounds for compulsory licensing already set out in Turkish law, the draft law broadens each provision, in particular extending the scope for granting a compulsory licence in case of failure to work.

08 June 2016

Turkey poised to adopt doctrine of international exhaustion

The Industrial Commission of the Turkish Grand National Assembly has approved the draft Industrial Property (Rights) Law, meaning that Turkey is poised to introduce the doctrine of international exhaustion of IP rights.

25 May 2016

Article 7/1(b) of the Trademark Decree-Law versus the principle of co-existence

Pursuant to the Trademark Decree-Law, a trademark which is identical or indistinguishably similar to an earlier trademark and which seeks to be registered for the same or similar goods and services will be rejected by the Turkish Patent Institute at the first examination stage, without the need for the owner of the earlier trademark to file an opposition.

06 April 2016

The new post-grant opposition system

After years of discussions, the new draft IP Law – which is expected to be enacted this year – introduces a post-grant opposition system for national patent filings in Turkey. The new system is being introduced in order to bring Turkish law into line with the European Patent Convention system. However, the post-grant opposition system set out in the draft law has some small differences from the convention system.

30 March 2016

Stronger patent protection for patent applicants and owners

A new draft IP law will introduce provisions to strengthen the protection of the rights of both patent applicants and patent owners. Under the law, the protection given to a patent owner will also be given to a patent applicant as of publication of the application.

23 March 2016

TPI finally publishes new draft IP law

The Turkish Patent Institute has published the long-awaited draft IP Law. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents).

09 March 2016

New AMTC raises patent-related questions

The Technological Research Council of Turkey and Rolls Royce have signed a cooperation agreement to build the first advanced manufacturing technology centre (AMTC) in Turkey. Although ownership of the IP rights resulting from the AMTC's work depends on the agreement between the parties, certain general rules on patent ownership must be taken into account.

16 December 2015

Intepreting the application of the European Patent Convention in Turkey

The European Patent Convention (EPC) is part of Turkish domestic law and, as an international agreement, it cannot be declared unconstitutional. However, in some cases the IP courts interpret the EPC in a way that renders it ineffective.

09 December 2015

Court of Appeals evaluates likelihood of confusion for descriptive trademarks

The Assembly of Civil Chambers of the Court of Appeals recently ruled that trademarks containing identical descriptive phrases give rise to a likelihood of confusion. This approach grants exclusive rights over descriptive and generic phrases found in trademarks which could legitimise unfair competition.

04 November 2015

Turkish IP system continues to evolve despite unresolved issues

Featured in IAM Yearbook 2016 – Building IP value in the 21st century

As a bridge between Europe, Asia and the Middle East, Turkey continues to attract the attention of both foreign investors and IP infringers. Turkey has been adapting its IP legislation in line with international treaties since the mid-1990s. Its…

23 October 2015

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