Effect of prior rights in trademark law (Article 155 of IPC)

In the presence of conflicting industrial property rights, by the implementation of the abolished Decree Law No. 556 accepted that, the use based on a registered right would not constitute infringement. In other words, registration was considered a reason for compliance with the law. With the entry into force of the Industrial Property Code (IPC) No. 6769, this acceptance was abandoned. Considering the reference EU regulations and practice, also gives place in Turkish law a provision that clearly regulates the effect of the existence of registration in infringement cases in Article 155 of IPC. This alteration, which will make a big difference in more than one issue such as the scope, effect and results of infringement cases, needs to be evaluated in all its aspects. In this direction, examining the scope and conditions of application of Article 155 of IPC, it is necessary to determine which and to what extent the aforementioned provision brings a solution to the emerging disputes and to determine the gaps in the law. The study consists three parts and aims to examine the effect of prior rights in trademark law. In the first chapter; the birth of the right and the principle of priority in trademark law have been examined in the framework of national and international regulations. The second chapter is devoted to conflicting trademark rights. In this context, the infringement of the prior dated registered trademark right by the posterior dated registered trademark, has been evaluated in all aspects. In the third and last chapter, the conflict of trademark right with other industrial property rights is discussed. In this direction, respectively, trade name, business name, geographical indication, design and domain name conflict with the trademark have been examined.