Protection of trademarks in private international law
2023
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Advisor: Doç. Dr. Mesut Aygün
Abstract (EN)
This thesis seeks to answer, how questions of private international law should be addressed in trademark infringements which can be linked to several legal systems. In other words, "international trademark infringements". The answer to this question depends on the interpretation of the principle of territoriality that shapes intellectual property law. In the first chapter of the study, the trademark as a type of intellectual property right, the grounds and method of its protection are explained and the international conventions regulating trademark law are examined. The new system of 2017 Code of Industrial Property Rights and what constitutes a trademark infringement and the possible defend mechanisms offered for right holders under the so called Code are also explained in this chapter. In the second chapter, the main question determining the theme of the study is answered: "How does territoriality shape international trademark protection?" This chapter analyzes how the principle of territoriality shapes international jurisdiction and applicable law. In addition, the problems left unsolved by territoriality in today's global trade system are also revealed, and how this field will be shaped in the future is also reflected upon. In this context, trademark violations committed on the Internet are examined seperately. In the third and the final chapter of the study, private international law rules and approaches regarding the protection of trademarks in Turkish law are analyzed. All the findings and conclusions in the second part regarding territoriality have also shaped the recommendations for Turkish law in this chapter.
Author
Dr. Ayşe Kübra Altıparmak
Institution
How to Cite
Ayşe Kübra Altıparmak (Doctorate thesis). Protection of trademarks in private international law, 2023, Anadolu University.
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