Legal consequences of trademark infringement according to Industrial Property Law no: 6769
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Abstract (EN)
In today's world, where trade has gained a global dimension, both technological developments and widespread electronic commerce applications and the increase in the abuse of trademarks by using them without the permission of the right holder increases the necessity and importance protection of the trademark right. With the entry into force of the Industrial Property Law (IPL) no. 6769, the basic normative regulation of Turkish Trademark Law, on 10.01.2017, the Decree Law no. 556 on the Protection of Trademarks (Decree Law) was abolished. Thus, industrial property rights, originally enacted by decree laws were gathered under a single framework and were provided a legal ground with the help of European Union legislation. In this study, the legal consequences of trademark infringement according to IPL is examined and discussed. The subject has been examined in the light of the Supreme Court decisions while also sporadically including comparisons with obsolete Decree Law no. 556 regulations and Court of Justice of the European Union decisions. The subject matter covers protection of the registered trademark right and excludes protection of the nonproprietary trademarks. In the first part of our study, the basic concepts related to trademark law are examined and in the second part, acts of the infringement are discussed. In the last section of this part, considering the acceleration that the Internet, which has become widespread in every field today, has also brought to the commercial life, the importance of the trademark infringement on the Internet is also emphasized. In the last part, were examined the legal solutions and demands, temporary legal protections, trademark infringement lawsuits, the violater's legal responsibility, indemnity demands, and other demands that the trademark owner can apply for when faced with trademark infringement. In addition, mediation is included in disputes arising from trademarks and the reflection of mediation in trademark law is examined in the last section.
Author
Gamze Sarıgül
Institution
How to Cite
Gamze Sarıgül (Master Thesis). Legal consequences of trademark infringement according to Industrial Property Law no: 6769, 2022, Afyon Kocatepe University.
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