After a nationwide three-month state of emergency introduced
under article 120 of the Constitution, neither State of Emergency
Law No. 2935 ("Law 2935"), nor decree
laws contain any provisions regarding trademark, patent or
industrial design matters. Procedures remain the same for IP rights
in Turkey. In other words, intellectual property rights and
processes have so far been unaffected.
However, following the announcement of State of Emergency,
sanctions have been introduced for judicial and public officials
who are deemed to have acted against Turkey's national
security. Specified judicial and public officials have been
dismissed by the relevant authorities. Dismissed individuals
include members of the Court of Cassation, the Constitutional Court
of Turkey, and the Turkish Council of State, as well as members of
the armed forces, police officers, and university academics.
Changes to individuals in the judiciary and government bodies
may mean delays for ongoing matters. Therefore, rights owners might
have problems when planning IP-related raid actions in the
immediate future. Despite this, procedures currently remain
unchanged for civil actions.
Given recent developments, no progress has been made with the
draft IP law, which was sent to the Turkish parliament for approval
in May 2016. However, it is likely that the draft IP law will be
back on the Parliament's agenda soon.
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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