Insights Intellectual Property

Constitutional Court Decision No. 2024/176 E. and 2025/42 K. – Assessment Regarding Industrial Property Rights and the Option of Net Profit-Based Compensation

An application was filed with the Constitutional Court by the Ankara 1st Civil Court of Intellectual and Industrial Property Rights, requesting the annulment of the provision in the Industrial Property Code No. 6769 which allows, as one of the optional methods for calculating compensation in cases of infringement of industrial property rights, “the net profit obtained by the infringer” to be taken as the basis.

Ozbilen Aykut Attorney Partnership
09.05.2025

Kesinleşmemiş TÜRKPATENT Kararları Üzerinden Yapılan Yanıltıcılık ve Haksız Rekabet İlişkisi

Türkiye’nin teknolojik ilerlemesine katkıda bulunmak, ülke içinde serbest rekabet ortamını oluşturmak ve araştırma geliştirme faaliyetlerinin gelişmesini sağlamak üzere sınaî mülkiyet haklarının tesisi, bu konudaki korumanın sağlanması ve ...

SEKA Consulting | Law | IP
07.05.2025

Kısa Kelime Markalarında Benzerlik İncelemesi

Markaların benzerlik değerlendirmesi yapılırken, ilgili tüketici kesiminin algısı, önceki markanın ayırt ediciliği ve markaların içerdiği unsurlar gibi çeşitli faktörler dikkate alınmaktadır.

Aksoy IP
07.05.2025

Popeye without Spinach, Mickey Mouse without Gloves? Copyright Terms and the Public Domain

While copyright protection grants authors the exclusive right to exploit their creations, this protection is not indefinite. At the end of the term determined by the legislation of each country, the financial rights granted to the author expire and the work enters the public domain.

Gün + Partners
07.05.2025

Intellectual Property Protection and Counterfeiting Challenges in Türkiye: A Comprehensive Report

Türkiye continues to face significant challenges related to intellectual property (IP) protection and enforcement. Despite improvements in its IP framework, issues such as counterfeiting, piracy, and inadequate enforcement mechanisms remain substantial.

Deris Attorney-at-Law Partnership
07.05.2025

KVKK ve GDPR Perspektifinden Klinik Araştırmalarda Kişisel Verilerin Korunması

Klinik araştırmalar, sağlık alanındaki yeniliklerin önünü açarken, gönüllülerin kişisel verilerinin işlenmesi nedeniyle veri koruma hukuku açısından hassas bir zeminde ilerlemektedir.

NSN Law Firm
07.05.2025

Can Runway Performances by Models Be Protected by Copyright?

The debate surrounding live fashion show performances has gained momentum in recent years, raising three key questions: Do models qualify as performers? Do body movements, postures and catwalks constitute artistic works? Can runway performances be protected under copyright regulations?

Özdirekcan Dündar Şenocak Ak
02.05.2025

Arbitration in Turkish Trademark Law: A Viable Option or Limited Tool?

Arbitration, as an alternative dispute resolution (ADR) method, is widely used in various areas of law to settle conflicts without resorting to traditional court proceedings. It offers benefits such as quicker resolution, confidentiality, and the option to select expert arbitrators.

Juris Attorney Partnership
28.04.2025

Parallel Trade and Its Legal Framework in Turkey

In today’s globalized economy, brands and products cross borders with ease, making parallel trade a growing reality. Parallel trade refers to the import or export of genuine products by parties other than the trademark owner’s authorized distributors or dealers.

Deris Attorney-at-Law Partnership
28.04.2025

Sale of Counterfeit Products on Online Sales Platforms and Legal Liability of Platforms

Today, the significant reduction of national borders in the online environment and the global accessibility of various goods and services have made e-commerce applications an indispensable element of modern trade.

Deris Attorney-at-Law Partnership
28.04.2025

Assessing the Merits of DRS Provider Decisions on Domain Names in Türkiye

As of September 14, 2022, disputes concerning domain names with the ccTLD for Türkiye – “.tr” – are resolved under the TRABİS framework by accredited Dispute Resolution Service Providers.

Gün + Partners
28.04.2025

IP and Music: Feel the Beat of Intellectual Property

Music is a universal form of expression that transcends cultures, languages, and generations. From ancient times to today’s digital platforms, music has always served as a powerful carrier of emotions, thoughts, and collective memory.

Gün + Partners
21.04.2025

The Electrolux - BSH Decision of the CJEU: The Next Step for Jurisdiction in European and Global Patent Infringement Cases

On February 25, 2025, the Court of Justice of the European Union (CJEU) rendered a groundbreaking judgment in the patent infringement case between BSH Hausgeräte GmbH and Electrolux AB, marking a significant ruling not only in Europe but worldwide.

Gün + Partners
11.04.2025

Lifesciences Patent Matters in Türkiye

The life sciences industry in Türkiye has been experiencing significant growth and development in recent years, and this trend is expected to continue into 2025. The sector covers pharmaceuticals, biotechnology, medical devices, and healthcare services, and plays a crucial role in the country's economy and public health system.

Deris Attorney-at-Law Partnership
11.04.2025

TÜRKPATENT Issues Long Awaited Amendments on Implementing Regulations of IP Code Regarding Administrative Revocation of Trademarks

The implementation of Article 26 of the Industrial Property Code no. 6769 establishing the administrative revocation of trademarks was postponed for 7 years as of the entry into force of the IP Code on January 10, 2017.

Gün + Partners
06.04.2025

Never Ending Delay for Administrative Revocation of Trademarks

In accordance with Article 26 of the Industrial Property Law no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly.

Gün + Partners
06.04.2025

Changes to Administrative Trade Mark Revocation in Türkiye

For the first time in Turkey, the IP law enacted in 2017 introduced an administrative revocation procedure before the Turkish Patent and Trade Mark Office. However, to ensure a smooth transition, its implementation was delayed until 10 January 2024.

Gün + Partners
03.04.2025

Major Development in Non-Use Actions Before the Turkish Patent and Trademark Office (TPTO): What Right Holders Must Know

As of January 2024, non-use actions are now handled by the TPTO instead of IP Courts. The awaited regulation detailing the implementation was published and came into force on March 15, 2025, introducing significant changes to non-use cancellation procedures.

Deris Attorney-at-Law Partnership
21.03.2025

Markaların İdari İptali: Yönetmelik Değişiklileri Yürürlükte

Tescilli markaların iptali yetkisini mahkemelerden alarak doğrudan Türk Patent ve Marka Kurumuna (“Türk Patent”) veren, 6769 sayılı Sınai Mülkiyet Kanunu’nun 26. maddesi 10.01.2024 tarihinde yürürlüğe girmişti.

Aksoy IP
18.03.2025

Creative Signatures: How a Work Reflects Its Author’s Unique Characteristics

The Law on Intellectual and Artistic Works, which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice.

Gün + Partners
16.03.2025
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