WELL-KNOWN TRADEMARKS
At this point, Decree Law no. 556 does not make a concrete distinction about the necessary level of recognition. Te Supreme Court also states that such a distinction is not possible. In the subject decision, it was not found appropriate to divide well-known trademarks into degrees and levels, and to distinguish them as sectorally well known, supra-sectorally well known or well known in Turkey, based on a phenomenon that is not provided for in the law. When evaluated together with this decision, the difference between the relevant trademark being well known throughout the world and standing out in a certain sector is taken up on the basis of the specific case and it is assessed in terms of the adverse impact it would create on the reputation of the trademark.
Even though concepts of similarity and harming reputation sometimes interlock with each other, the concept of ‘trademark dilution’ has also been taken up, and consistent decisions have been issued in recent years. Within this context, the local legislation is being developed within the framework of the European Union acquis, and in parallel with this, the practice is also keeping up with the theory.
Ahmet Munir Yaşar graduated from
Ankara University Law Faculty. As well as his IP law experience, he also has more than six years’ management experience in several organisations and enterprises. He is also a partner of Dericioğlu & Yaşar Law Firm.
Korcan Dericioğlu is an attorney-at-law at Ankara Patent Bureau Limited. He can be contacted at:
korcan.dericioglu@
ankarapatent.com
Ahmet Munir Yaşar is an attorney-at-law at Ankara Patent Bureau Limited. He can be contacted at:
ahmet.yasar@ankarapatent.com
Korcan Dericioğlu graduated from Baskent University Law Faculty in 2004 and was admitted to the Ankara Bar Association in 2005. He graduated from the University of Lausanne with a DEA in legal issues, crime and security of new technologies in 2006, before commencing his internship at the European Patent Office. He is a member of AIPPI’s Turkish National Group Executive Committee and is also involved in several projects, including IP4INNO, related to IP topics and informatics law. He is also partner of Ankara Patent Bureau Limited and Dericioğlu & Yaşar Law Firm.
www.worldipreview.com
World Intellectual Property Review May/June 2010
35
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