The Monthly Newsletter

December 2020 | Vol. 8

The Brand Becoming A Generic Trademark And The Courts Assessment Criteria

In cases where one of the cancellation situations in the Article 26 of the Turkish Industrial Property Code is existent, the authority to claim the cancellation of the trademark is the Turkish Patent and Trademark Institution, TürkPatent (“Institution”). According to the provision of Article 192 of the IP Code, Article 26 will enter into force 7 years after the date of publication of the IP Code. In the Temporary Article 4 of the IP Code, it regulates the use of the annulment power by the courts and it states that the cancellation authority will be exercised by the courts in the procedures and principles specified in the article until the provision of the 26th Article become...
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November 2020 | Vol . 7

Trademark Coexistence Agreement

Trademark law, which is a sub-branch of industrial property law, deals with the procedures and principles regarding the registration and protection of commercial signs. A brand is the sign that aims to distinguish the goods and services of a business from other businesses. The trademark co-existence agreement is not clearly regulated in Turkish law. However, the "consent" application regulated in the Industrial Property Code numbered 6769 (IPC), which entered into force on January 10, 2017, has formed the legal basis of the co-existence agreement of brands. The same or indistinguishably similar marks (IPC, Article 5/1-ç) with the registered trademark or the trademark for ...
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October 2020 | Vol . 6

The "Singapore Convention” On Mediation

Mediation is an “alternative dispute resolution method” that is becoming widespread day by day. It is an out-of-court method that allows the parties to the dispute, including those with an element of foreignness, to resolve their dispute quickly and precisely by applying to an impartial and expert 3rd person. The parties may resort to mediation on disputes on which they can freely dispose of. According to the letter of the law (verba legis), mediation is mainly voluntary. As the parties participate in the mediation process with their free will and equal rights, it is possible for the parties to apply for mediation before or during the trial. However, mediation has been made co...
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September 2020 | Vol . 5

On Institutionalization in Family Corporations Under Turkish Law

As is known, vast majority of corporations in Turkey are family corporations. As stated by Güler Sabancı, the Chairman of the Board of Directors of Sabancı Holding, in newspaper Hürriyet dated 04.10.2017, “95 percent of businesses in Turkey comprise of family corporations. Average lifetime of family corporations in Turkey is 25 years. Only 30 percent of these family corporations can survive to the second generation and only 12 percent can survive to the third generation. The rate of corporations passing to the fourth generation is limited to 3 percent. Number of currently active businesses which have been founded before the pre-Republican period is only 69”. The reaso...
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August 2020 | Vol . 4

Obligations Introduced by the Law No. 5651 Law on Amendment the Law About Regulation of Publications Made on the Internet and Fight Against Crimes Committed Through Publications

  The Law No. 5651 on the Amendment of the Law on the Regulation of Publications Made on the Internet and Fight Against Crimes Committed Through These Publications ("Internet Law") was published in the Official Gazette No. 31202 on 31/7/2020. With the amendments that have occurred, large-scale regulations have been made and sanctions have been imposed, which are closely concern to content providers, hosting providers, access providers and social network providers, aiming to minimize illegal content on the internet. As explained in Article 2 of the Internet Law, natural or legal persons who produce, modify, provide and provide users with access to the internet environment are w...
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Temmuz 2020 | Vol . 3

The Effect Of Housing, Land, And Property (HLP) Rights On Women In Extraordinary Conditions

In many parts of the world, women and girls are disadvantaged with limited economic assets, education and job opportunities, and it is a fact that once the crisis is over they will find themselves behind the old normal healthy world. Many women work in the informal sector and do not have access to job protection, social security or insurance structures. In the epidemic, we can say that among family members, women take more responsibility than men. In addition, with the implementation of quarantine and restrictions, violence and oppression against women have increased.If we look in terms of assets; Land and property rights of women are very important. Because world-wide land; it provides a ba...
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June 2020 | Vol . 2

The Provisions That Has Been Postponed Of The Rental Agreement

Abstract: In this study, the provisions of the Turkish Code of Obligations (Law), which enforcement has been postponed to 1 July 2020, will be examined and the effect of the application of the provisions on the rental agreements will be discussed. Introduction In the Turkish Code of Obligations No. 6098, the entry into force of some provisions related to workplace rental agreements in which the tenant is a merchant or legal person has been postponed for eight years. Articles 323, 325, 331, 340, 342, 343, 344, 346 and 354 of the Turkish Code of Obligations, that has been postponed to get into force, will start to be applied in workplace rents, where the tenant is a merchant or legal pe...
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May 2020 | Vol . 1

The Legal Aspects Of COVID-19

COVID-19, was born in Wuhan, China and spreading all over the World, continues to affect our lives significantly. Especially with the deterioration of the economy, the effects in the field of law are increasing day by day. We watch important changes in every branch of law, especially and notably in commercial law. On the one hand, we can say that it affected the criminal law with the amendment made to the execution law, and on the other hand it affected the family law with the increase of the divorce rates due to quarantine. Furthermore, "the New Normal" is the concept we began to hear often. So what is this "New Normal"? How do we expect its impact on the area of law? ...
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