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Protection of IP Rights in Turkey
With the implementation of new IP legislation, the current political and economic climate has opened up the Turkish market to foreign investment which has in turn reinforced the need for strong IP protection. The Turkish Patent Institute (TPI) is an independent legal and administrative body which look after the management of industrial property rights, and hence the awareness of its importance has increased large number of applicants for trademark registration.
Following the implementation of the new IP laws, protection for well-known marks has become complicated over the years. Initially, the TPI recorded the well-known status of a mark after a declaration to that effect by the courts. Keeping in view the large number of applicants, two routes have been created – one via the courts backed by TPI recordal and the other through direct application to the TPI However, this dual system has created confusion amongst the registrants which has been clarified by the Turkish Supreme Court. It held that since criteria to assess whether a mark is well-known are defined neither under Turkish law nor in international agreements, it should be evaluated according to World Intellectual Property Organization (WIPO)’s recommendations and doctrine. The court further affirmed that well-known marks are subject to protection for all goods and services, even those for which they are not registered. The TPI can decide whether a trademark is well known.
Customs & counterfeiting:- Specific legislation in this area provides for the so-called ‘suspension of release’ procedure under which a rights holder may apply to Customs to suspend the release of suspected infringing goods, even when they are not destined for the internal market. Accordingly, Customs may act as an ex officio to suspend the release of such products. However, if the rights holder fails to bring a criminal or civil action against the suspected infringer within 10 days, Customs will allow to release the goods. Although the system works satisfactorily, but there is one shortcoming as no centralized body exists to coordinate customs actions across the country.
In view of the above, there is no going back for Turkey; it is on the path to improve IP rights protection to meet with the highest international standards in this respect.
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