Loss of rights through silence in trademark law
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Abstract (EN)
The principle of loss of rights through acquiescence, regulated for the first time by the Industrial Property Law No. 6769, has gained positive regulation. However, due to the principle deriving its legal basis from Article 2 of the Turkish Civil Code, the principle has been present in our legal system and used in dispute resolutions even during the period when there was no positive regulation in line with the decisions of the Court of Cassation and opinions in doctrine regarding the abuse of right. In this study, the historical development, scope of application and conditions, and ultimately the judgment and consequences of the principle of loss of rights through acquiescence, which holds a special place in trademark law, will be examined in detail, taking into account judicial decisions and opinions in doctrine.
Author
Esma Uysal
Institution
How to Cite
Esma Uysal (Master Thesis). Loss of rights through silence in trademark law, 2023, Maltepe University.
License
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