BUSINESS BRIEF: TURKEY
Law, aimed at harmonising the trademark goods and services according to the Nice Classification (10th) and for making the quality and nature of the documents clearer with respect to change of name, assignment, merger, as well as the powers of attorney for preventing any abuse.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Te main copyright issue is piracy, which has greatly affected original digital works in the soſtware, film and music industries. Te key challenges are ensuring correct ownership, assessing independent creation and enforcement of rights.
How should people ensure they are protected against copyright infringement?
Any creative works enjoy protection. Copyright is inherently obtained when the author has created the work and no separate filing or registration before any authority is obligatory.
What is the best way to deal with infringement?
Copyright is best protected through a comprehensive policing and enforcement strategy, including use of cease and desist letters and/or criminal or civil court proceedings.
Counterfeiting How big a problem is counterfeiting in your jurisdiction? Turkey’s geographic location renders it a transit point for counterfeit goods. In recent years, Turkey has shown determination to struggle against the counterfeit market by training the judicial, police and customs authorities, enhancing their capacity to take due actions against the counterfeiters and organising various events to raise public awareness of counterfeits.
www.worldipreview.com
“THE TURKISH PATENT SYSTEM PROVIDES A 12-MONTH GRACE PERIOD FOR DISCLOSURE OF THE INVENTION BEFORE FILING THE PATENT APPLICATION.”
What industries are particularly at threat? Well-known brands of items such as accessories, footwear and clothing as well as electronics and cosmetics. Music and soſtware industries can also be said to be severely affected by counterfeiting.
What are the best strategies for dealing with the problem?
Monitoring the marketplace by watch services and sending cease and desist letters to the infringers where any infringement is determined, and filing customs applications for preventing the entry of counterfeited goods into the country will among the best strategies to tackle the problem. Civil and criminal legal actions should be considered at the last instance if the infringers are persistent in their actions.
General Patent, trademark and industrial design laws are expected to change in the near future. Draſt bills are on the list to be discussed by the legislative body. Tose laws bring fundamental changes with respect to the registration procedures and the legal proceedings in favour of the IP holders.
Ersin Dereligil is the managing partner at Destek Patent Inc. He can be contacted at:
ersin.dereligil@
destekpatent.com.tr
Oktay Simsek is the head of the foreign affairs department at Destek Patent Inc. He can be contacted at:
oktay.simsek@
destekpatent.com.tr
Oktay Simsek is a Turkish patent and trademark attorney who counsels on all areas of trademark, design and patent law, including obtaining and enforcing IP rights, avoiding infringement and due diligence and development. He is a member of INTA.
World Intellectual Property Review Annual 2014 137
Ersin Dereligil is a Turkish patent and trademark attorney and European patent attorney; he has lectured on patents and industrial designs
to engineering
departments at Uludag University for seven years, and also serves as an expert before the Istanbul Specialist IP Court. He is the past and founding president of the LES Turkey, a founding member of AIPPI Turkey.
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