Intellectual Property, Deris Attorney At Law Partnership updates


Contributed by Deris Attorney At Law Partnership
New IP Code – changes regarding patents, new post-grant opposition and enforcement provisions
  • Turkey
  • January 08 2018

The new Industrial Property Code 6769 has introduced new provisions regarding patent enforcement. The code aims to improve the quality of patented inventions and harmonise Turkish patent law with EU legislation and the international agreements to which Turkey is a party. Although the new IP Code has yet to be fully harmonised with the European Patent Convention, it is expected that these gaps will be filled when parties enforce their patent rights before the courts.

Employee inventions and designs under new IP Code
  • Turkey
  • November 20 2017

Employee inventions and designs are two of the new Industrial Property Code's main areas of intervention. The recently issued ad hoc regulation introduces the criteria and parameters to determine and calculate fees to be paid to employee inventors, the legal basis for which was missing until now. However, the new code and the regulation contain points which are open to interpretation, which will influence the practice and implementation of these new rules.

New duty-free regulation acknowledges enforcement of IP rights
  • Turkey
  • September 04 2017

The Regulation on Duty-Free Stores was recently published in the Official Gazette. It sets out requirements regarding the establishment and operation of duty-free stores, how goods enter and exit warehouses and record-keeping obligations for duty-free store operators. Under the regulation, the legal and penal penalties regarding the infringement of industrial property and IP rights under the new IP Code and other IP legislation will apply directly.

New code of conduct rules for patent and trademark attorneys
  • Turkey
  • August 28 2017

The new IP Code contains provisions regarding the profession of patent and trademark attorneys, while an ad hoc regulation issued under the new IP Code establishes the code of conduct by which patent and trademark attorneys are bound. The new IP Code and the regulation are set to have a major impact on the profession as they establish new rules regarding the responsibilities of patent and trademark attorneys, especially from a disciplinary standpoint.

New practice: mediation in trademark oppositions
  • Turkey
  • August 14 2017

Mediation is a cost-effective and efficient procedure to solve industrial property disputes while preserving, and at times even enhancing, the relationship between the parties. The Patent and Trademark Office was recently empowered to propose mediation as an alternative dispute resolution mechanism during the trademark opposition procedure under the new Industrial Property Code 6769.

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