Supporting IPR protection of SMEs Recent Turkish Initiatives

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Presentation transcript:

Supporting IPR protection of SMEs Recent Turkish Initiatives Ezgi BAKLACI Senior Associate Trademark and Patent Attorney Florance, March 24th, 2014

OUTLINE OUTLINE A general overview of Turkish IP Rights Most recent developments in Turkish IP law Challenges Tips for Companies doing business with Turkey

A general review of Turkish IP Rights Trademark Patent/ Utility Model Industrial Design Copyright (non-registerable)

A general overview of Turkish IP Rights Registration is crucial: Obtain registration for your IPR Options: national registration international registration International registrations: quicker cheaper same effectiveness

A general overview of Turkish IP Rights Enforcement Judicial Enforcement Civil Action Criminal Action Administrative Enforcement Customs Measures

A general overview of Turkish IP Rights No registration means: No raid of counterfeit goods No complaint to administrative bodies No customs measures Harder to prove the proprietorship

Most recent developments in Turkish IP law Online Central Customs Recordal Introduced The number of counterfeit goods passing through the Turkish customs has decreased due to seizure at customs duty.

Most recent developments in Turkish IP Law Simultanious raids against counterfeiters: 4,764 operations in 67 cities Seized goods worth apprx. two hundred million EUR. The operations led to the legal proceedings against 1,766 people.

Most recent developments in Turkish IP Law EU-TR IPR Dialogue Meetings Consumer Awareness Campaign: Fakes costs More/ I Buy Real Court of Appeals awarded damages for registering an industrial design in bad-faith

Most recent developments in Turkish IP Law Global Congress on Combating Counterfeiting and Piracy First IP Master’s Class has been established at Ankara Faculty of Law The Turkish National Police State Security Department established specialized enforcement offices for IP crimes in 81 cities in Turkey.

Challenges: Counterfeiting Turkey is the second-largest counterfeit product market in the world, with a turnover of 3 billion USD.

Challenges Bad faith trademark and design applications Overstock problem Long lasting court proceedings

Tips Clearance: Due Diligence to avoid problems Detect earlier granted rights in the market- solve the problem Obtain registration before entering into the Turkish market. Trust your partner

Tips Observe the market Keep record of your use in Turkey Protect yourself: written, enforceable agreements Know a good Turkish Lawyer

THANK YOU…. If you have any questions, please do not hesitate to contact. Ezgi BAKLACI E-mail: ebaklaci@morogluarseven.com ip@morogluarseven.com