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Amendments to Trademark Laws

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Apr 04, 2019 (Newsletter Issue 5/19)
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Mediation for IP Disputes with Monetary Claims Required

On January 1, 2019, Article 5/A of the Turkish Commercial Code (TCC) came into force, thus mediation became a mandatory procedure for commercial disputes with monetary claims (i.e., payment of a debt or compensation) regardless of the amount in dispute.

Article 4 of the TCC includes disputes arising from intellectual property related matters among commercial disputes. Therefore, in principle, IP-related disputes shall also be subject to the mandatory mediation procedure provided that they involve a monetary claim (payment of a debt or compensation). Lawsuits for the nullity or cancellation of an IP right, or a mere request for the termination of infringement shall not be subject to mandatory mediation. Also, disputes such as oppositions to third party applications or to decisions of the Office are not subject to any mandatory mediation procedures.

For further information, please see the article from Mr Dogukan Berk Aksoy from Aksoy IP, Turkey, which can be accessed here