In their recent decision the Turkish Court of Appeal overturned a local court's judgement on the basis of the Paris Convention for the Protection of Intellectual Property Rights. A Turkish businessmen had obtained a pre-emptive registration of a foreign trademark, and used the mark as legal title. The local courts had found that the foreign mark was not used and made known in Turkey. It was however established that the mark had become well known outside Turkey.
At first round the Court of Appeal ratified the local court's decision without going into details. However; upon a review application by Mehmet Gun & Co. Solicitors acting for the plaintiff, the Court of Appeal went into detail and corrected their previous decision. They also overturned the Local Court's decision stating that Turkey was a signatory to Paris Convention since 1925 and the Paris Convention must always prevail in terms of protection for Well Known Trademarks. The Turkish Court of appeal stated that the status of well known can not be limited with a geographical border. It continued it was the obligation of the member countries to Paris convention to respect and apply it.
Although it can be criticised in some areas; this decision is revolutionary because it is first time that the Convention is deemed enforceable since 1925 and it is very openly stated that the Paris convention must prevail.
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