A SUBSTANTIAL APPEAL COURT DECISION REGARDING NON-USE CANCELLATION ACTIONS
As it is published also on the Turkish Blog IPR Gezgini on 21 July 2019; with the 25 June 2019 dated decision of the Appeal Court, the discussions regarding the use requirement of the marks which has started after the annulment of the 14th article of Turkish Trademark Decree Law on 06 January 2019 and the effectiveness of 6769 numbered IP Code on 10 January 2019 has now ended.
Before getting into the details of the Appeal Court decision, we would like to give a brief summary regarding the above mentioned use requirement discussions. An Intellectual Property Specialization Court requested Constitutional Court to cancel 14th article of Turkish Decree Law, which includes the use requirement of the trademarks and the cancellation regulations in case of non-use. While the parliament accepted the IP Code on December 22, 2016, but it was not yet announced in the Official Gazette, Constitutional Court annulled Article 14 only 4 days before the announcement of the IP Code in the Official Gazette on 10 January 2017. Although IP Code includes the use requirements of the trademarks and the necessary regulations for cancellation in the event of non-use, numerous cancellation cases are rejected regardless of the stage they are due on the grounds of a 4-days legal gap. After 10 January 2017, academic opinions are developed about whether the lawsuits can be filed in 5 years and these are discussed for a long time.
Now the Appeal Court has upholded the first degree court decision and divisional court decision which is regarding the cancellation of a trademark based on non-use. The Appeal Court has stated that ;
The law-maker’s purpose was the cancellation of trademarks based on non-use to be effective to the past considering that the parliament has accepted the IP Code on 22 December 2016.Accordingly the gap in the law which has rised with the Constitutional Court decision after the acceptance of the IP Code before it became effective; should be filled with the fact that parliament has already accepted the 6769 numbered IP Code on 22 December 2016. Therefore actually the law maker had already declared its will regarding the use requirement before the annulment of the article 14th.
Here is the original link to the article published on IPR Gezgini: https://iprgezgini.org/2019/07/21/yargitay-kullanmama-nedeniyle-iptal-davalari-hakkinda-merakla-beklenen-kararini-verdi/
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