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MALICIOUS REGISTRATION AND SANCTIONS UNDER INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 16 December 2020
WHAT IS THE TRADEMARK? Trademark is defined as the marks that distinguish the goods or services of an enterprise from the goods or services of other enterprises. Trademark right and protection of this right are regulated within the scope of the Industrial Property Law ("Law"). Marks that can be trademarks are specified in Article 4 of the Law. According to this the trademark can consist of all kinds of marks, words, including personal names, figures, colors, letters, numbers, sounds and the shape of the goods or their packaging. However, according to the Law, the trademark must have the conditions to distinguish the goods or services of an enterprise from the goods or services of other enterprises and to be demonstrated in the registry so that the subject of the protection provided to the...
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ABSOLUTE GROUNDS FOR REFUSAL IN TRADEMARK REGISTRATION 1 December 2020
SIGNS THAT A TRADEMARK MAY CONSIST OF Trademark, which constitutes one of the types of industrial property rights, is a distinctive sign that represents all assets of an enterprise in commercial life and is used to distinguish similar goods and services from other businesses' goods and services. According to Article 4 of the Industrial Property Code ("IPC"), a sign must satisfy three conditions to be a trademark.
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IMPACT OF SOCIAL MEDIA AND LEGAL SANCTIONS THAT CAN BE APPLIED IN COPYRIGHT LAW 2 October 2020
What is Copyright? Copyright refers to the legally provided rights on products produced by a person with all kinds of intellectual efforts. Under Turkish law, copyrights are protected by the Law on Intellectual and Artistic Works ("LIAW"). The purpose of the LIAW provisions is to determine and protect the moral and financial rights of the authors on works of science and literature, music, fine arts or cinema, and to regulate the conditions of benefiting from these products, and to ascertain sanctions in case of use contrary to the stipulated rules and procedures.
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WHAT IS THE BLOCKCHAIN CONCEPT AND SMART CONTRACTS? WHAT ARE ITS LEGAL EFFECTS? 28 September 2020
BLOCKCHAIN CONCEPT Digital transformation, which has developed rapidly in recent years and started to show its effect in every field, has also been the harbinger of many innovations in the legal field. At this point, the place of blockchain technology and related smart contracts in digital transformation processes is of particular importance.
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What is Source Code? How is Source Code Transferred? 25 December 2019
Under article 2/1 of the Law on Intellectual and Artistic Works (“LIAW”), computer programs, are considered as scientific and literary works. Since computer software has characteristics of works that are subject of intellectual property, they are protected by copyrights.
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Conciliation Pursuant to Article 35/A of the Attorney’s Act 25 November 2019
It is a known fact that many companies have difficulty in payment due to the economic problems experienced in our country in recent period and that the product and service supplier companies have problems collecting debts. At this point, one of the safest ways for the debtors who are willing to pay their debts but need a different payment schedule and for the creditors who do not want to pursue a long and costly litigation processes in order to collect their debts is reconciliation pursuant to Article 35/A of the Law “Attorneys’s Act” numbered 1136. The reconciliation process is carried out with the participation of the attorneys of the parties and it is a highly preferable way both because the signed agreement can be enforced as a court order in accordance with the Enforcement and Bankrup...
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Is Mediation As A Cause Of Action Subject To Entity Of Arbitration Agreement? 24 September 2019
Arbitration agreement is an agreement that is concluded between parties by solving the dispute between parties by arbitrators instead of regular government jurisdiction. In other words, having dispute upon a right, two parties’ consensus on this dispute’s be examined and concluded by particular people is called arbitration.1
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Can The Action For Annulment Of Objection Be Heard Before Arbitration? 3 September 2019
The action for annulment of an objection is defined as a special type of case to enforcement proceeding without a judgement in bankruptcy and enforcement law. This issue is stated in Article 67 of the Bankruptcy and Enforcement Law as “the creditor whose executive proceeding is objected may apply to the court within one year from the date of notification of the objection and file the annulment of objection case by means of proving the existence of the claim in accordance with general provisions”. The action for annulment of an objection aims to ensure the continuation of the execution proceeding which suspended automatically due to objection of the debtor. At this point, the issue of the legal character of the action for annulment of an objection causes some hesitations which create signif...
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Nationality of Arbitration Awards 29 August 2019
In order to arbitral awards that have elements of foreignness to bear consequences in Turkey, it is required to commence separate law suits for enforcement or recognition of the arbitral award according to the presence or absence of qualification of the performability of arbitral award. However, the arbitral awards that do not have any element of foreignness are not required to obtain a performability document before Turkish Courts in order to bear consequences in Turkey. In other words, domestic arbitral awards become executory in Turkey as of the date of award. Due to this distinction, it is important to determine which arbitration awards have foreignness element.
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Differences Between Surety Bonds And Bank Guarantees 23 August 2019
Surety bonds, which became popular in commercial life lately, are regarded as equivalence of bank guarantees and being commonly used as an alternative project financing.
Banks undertake to pay the bank guarantee amount to the beneficiary in case the debtor fails to fulfill its obligations against the beneficiary. Similarly, the insurers undertake to assume the risk of failure of the debtor fails to fulfill its obligations against the beneficiary. However, there are some differences between the surety bonds and bank guarantees and some advantages of the surety bonds instead of bank guarantees.
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