Intellectual Property, Deris Attorney At Law Partnership updates


Contributed by Deris Attorney At Law Partnership
Counterfeiting through small shipments – new border measures expected
  • Turkey
  • 22 April 2019

The absence of a clear reference to small shipments in customs legislation has created doubt over whether customs officers should seize small shipments of counterfeit goods. This unfortunately encourages manufacturers of counterfeit goods to minimise the risk of seizure by using small shipments. However, the government looks set to enact a new Customs Law to regulate small shipments and protect rights holders.

Private expert reports and cross-examination in patent litigation
  • Turkey
  • 08 April 2019

As specialised IP court judges do not have technical backgrounds, expert reports are essential in patent litigation. As a general practice, the courts obtain reports concerning an alleged infringement, invalidity claim or compensation claim from the court-appointed experts during the trial. Given the number of expert reports provided in patent litigation, cross-examination is vital as it allows the courts to gain an understanding of the matter at hand.

Mandatory mediation in IP disputes
  • Turkey
  • 01 April 2019

The Istanbul IP Court recently dismissed a copyright infringement action involving a compensation claim on the grounds that the plaintiff had not fulfilled the procedural requirement to apply for meditation before filing the court action. The court's decision was based on Law 7155, which requires the implementation of a mediation procedure before instituting a court action. This article examines the effect that mandatory mediation will have on IP disputes.

E-commerce websites and trademark protection
  • Turkey
  • 18 March 2019

The popularity of e-commerce websites in Turkey has grown in recent years. However, while e-commerce websites are important for the economy, their relationship with trademark protection is a controversial topic, as e-commerce website owners provide a platform through which other retailers can sell their products rather than producing products themselves. This article examines the steps that holders and e-commerce websites should take to ensure that their trademarks are fully protected.

Copyright protection of TV formats and programmes
  • Turkey
  • 04 March 2019

Turkey exported TV content worth $350 million in 2017, becoming the second largest exporter of TV drama in the world. However, the question of whether TV formats enjoy copyright protection under the Copyright Act has long been debated in Turkey. This article examines the legal doctrine and recent Supreme Court of Appeals case law in this regard in order to examine the copyright protection afforded to TV formats and programmes.

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