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CRIME OF TRADEMARK INFRINGEMENT AND ITS ELEMENTS 10 February 2025
Crime of Trademark Infringement and Its Elements
A trademark is a set of signs that distinguish the goods or services of a business from those of others. Trademark rights grant the owner of a registered trademark the exclusive right to use the mark on specific goods or services. The crime of trademark infringement occurs when someone unlawfully and unauthorizedly uses another's trademark and is regulated under the Industrial Property Law No. 6769 ("IPL"). This offense is frequently encountered in the commercial world, causing both material and moral damage to the trademark owner due to unauthorized use of the mark.
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TRANSFER OF TRADEMARK RIGHTS 7 February 2025
Transfer of Trademark Rights in Turkish Law
Trademarks are significant economic assets that constitute the identity of a business and help distinguish its goods and services. In Turkish law, the transfer of trademarks is regulated by the Industrial Property Law No. 6769 (“IPL”). The transfer of a trademark must be carried out in accordance with specific procedures and conditions; otherwise, the transfer transaction is deemed invalid. This article discusses key details of the trademark transfer process.
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TYPES OF CONCORDATUM 30 January 2025
Types of Concordat: Ordinary, Concordat by Abandonment of Assets, and Post-Bankruptcy Concordat
Concordat is a crucial legal mechanism that allows debtors to overcome financial difficulties while protecting the rights of creditors. To address different financial situations and needs, concordat is categorized into three main types: Ordinary Concordat, Concordat by Abandonment of Assets, and Post-Bankruptcy Concordat. This article examines the characteristics and application areas of these types.
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WHAT IS CONCORDATUM? 29 January 2025
What is Concordatum?
Concordat is a legal mechanism designed to facilitate the restructuring of debts through an agreement between debtors and their creditors when debtors encounter financial difficulties. This mechanism not only prevents the debtor from being declared bankrupt but also ensures a certain degree of protection for both the debtor and the creditors. Concordat is available not only to debtors who are subject to bankruptcy but also to any debtor who fails to pay their debts on time or faces the risk of insolvency. Such debtors may apply to the competent court for a declaration of concordat.
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UNLICENSED SOFTWARE USE OFFENCE AND PROTECTION OF SOFTWARE COPYRIGHT 19 March 2024
WHAT IS UNLICENSED SOFTWARE AND SOFTWARE PIRACY?
Unlicensed software refers to software that is used, copied, or reproduced without permission from the individual(s) holding the copyright.
Software piracy, on the other hand, entails the unauthorized copying, (including exceeding the permitted number of copies as per the license), selling, or sharing of licensed software, without the consent of the rights holder.
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ECONOMIC RIGHTS OF THE AUTHOR? 27 February 2024
Under the Intellectual and Artistic Works Act No. 5846 ("IAWC"), the author's economic rights are established to protect their interests. While Articles 14 to 17 of the IAWC focus on moral rights, the provisions for economic rights are detailed between Articles 20 to 25, along with Article 45.
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WHAT IS INFLUENCER AGREEMENT? 22 February 2024
WHAT IS INFLUENCER AGREEMENT?
Definition and Subject Matter of the Influencer Agreement
In legal literature, influencer agreements are characterized by a contractual arrangement wherein the influencer undertakes, for the duration specified therein, to engage with and subsequently promote products and services on their social media. This promotion is to be executed in formats such as videos, photographs, or stories, and at frequencies agreed upon with the company, such as three posts per month. In consideration of the influencer's performance of these promotional activities, the company undertakes to indemnify the influencer with a certain fee or other specified benefits as mutually agreed upon between the parties. (1)
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HOW CAN WE RECORD AND REGISTER INTELLECTUAL AND ARTISTIC WORKS? 11 October 2023
1. What is a Work?
Under Law No. 5846 on Intellectual and Artistic Works Law (“IAWL”), a work is defined as any intellectual or artistic product bearing the characteristic of its author, which is deemed a scientific and literary or musical work of fine arts or cinematographic work.
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Absolute Correction 3 November 2022
Absolute Correction
What is the correction?
The institution that allows the parties to unilaterally "partially or completely" change their previous procedural actions during the litigation process is called "correction".
What is the absolute correction?
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CAN SOCIAL MEDIA POSTS CONSIDERED AS EVIDENCE? 27 October 2022
CAN SOCIAL MEDIA POSTS CONSIDERED AS EVIDENCE?
Can social media posts considered as evidence?
According to the Turkis law, all evidence to be submitted to the file during the trial must have been obtained in accordance with the law. Evidence obtained illegally will not be considered by the court, even if it is strong enough to clarify the subject of the dispute beyond any doubt. From this point of view, in order for social media messages to be included in the file as legal evidence in a matter that has been brought to the judiciary, they must have been obtained in accordance with the law. For this, it must be recorded personally by a person who is a party to the messaging and presented to the file as evidence. Otherwise, messages made from here by creating a fake profile or sharing...
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