Journal of Intellectual Property Rights

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The Turkish Supreme Court of Appeals on Non-Use of Trademarks


Affiliations
1 Suluk Intellectual Property Law Firm Mahir Iz Cad. No: 28/6 34662 Altunizade, Istanbul, Turkey
2 Bogazici University, Istanbul, Bebek, 34342 Besiktas, Istanbul, Turkey
 

Prior to Law No. 6769 on Industrial Property of 1 January 2017, save for copyright, IPRs were regulated in Turkey by decrees that dated from 1995. The latter marked a turning point in the history of the Turkish IP regime when the country harmonized its legislation with that of the EU for admission to the Customs Union.Over time, several provisions were annulled by the Turkish Constitutional Court such as those in the Patent and Trademark Decrees that provided for criminal sanctions. The Constitutional Court ruled that imposition of criminal sanctions would only be possible through laws and not decrees. These decisions caused mayhem in practice as it left local as well as foreign trademark and patent owners devoid of protection against blatant infringements.
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  • The Turkish Supreme Court of Appeals on Non-Use of Trademarks

Abstract Views: 257  |  PDF Views: 132

Authors

Cahit Suluk
Suluk Intellectual Property Law Firm Mahir Iz Cad. No: 28/6 34662 Altunizade, Istanbul, Turkey
Mehmet Nafi Artemel
Bogazici University, Istanbul, Bebek, 34342 Besiktas, Istanbul, Turkey

Abstract


Prior to Law No. 6769 on Industrial Property of 1 January 2017, save for copyright, IPRs were regulated in Turkey by decrees that dated from 1995. The latter marked a turning point in the history of the Turkish IP regime when the country harmonized its legislation with that of the EU for admission to the Customs Union.Over time, several provisions were annulled by the Turkish Constitutional Court such as those in the Patent and Trademark Decrees that provided for criminal sanctions. The Constitutional Court ruled that imposition of criminal sanctions would only be possible through laws and not decrees. These decisions caused mayhem in practice as it left local as well as foreign trademark and patent owners devoid of protection against blatant infringements.