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Amendments to Trademark Laws

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Jan 10, 2017 (Newsletter Issue 1/17)
Turkey
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Temporary Gap in the Law


Currently there is a temporary gap in the law with respect to non-use cancellation filings of trademarks in Turkey as the Constitutional Court has ruled that Article 14, which regulates use requirements of trademarks, of Turkish Trademark Law, Decree Law no. 556, is unconstitutional because it violated Article 91/1 of the Turkish Constitution. The ruling has been published in Official Gazette and went into effect as of January 6, 2017.

Article 91/1 of the Turkish Constitution regulates that basic rights, including right of ownership, cannot be regulated / limited by Decree Laws. Turkish Trademark Law, Decree Law no. 556, is a Decree Law which was passed by cabinet not by parliament.

However, the Turkish Parliament has already passed a new Industrial Property Law, on December 22, 2016, which will go into force with its publication in Official Gazette. The new law covers trademarks, patents, industrial designs, and will replace the current decree laws regulating these fields. By this, non-use cancellation action will be possible once the new law goes into effect.

The full text of the decision issued by Constitutional Court is available in Turkish on the website of Official Gazette here. The new law, Industrial Property Law, is available in Turkish on the website of Turkish Parliament here.

An article has been provided by our Country Index partner Istanbul Patent A.S. which can be accessed here

Source: Istanbul Patent A.S., Turkey