Relationship Between Geographical Indications and Trade Marks under Turkish Law

2021 ◽  
Author(s):  
Ufuk Tekin
Keyword(s):  
Trade Mark ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Industrial Property ◽  
Distinctive Character ◽  
Trade Marks ◽  
Judicial Practice ◽  
International Regulations ◽  
First Time

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).

scholarly journals Value and protection of geographical indications by the Japanese Wine Law

2019 ◽  
Vol 15 ◽  
pp. 03004
Author(s):  
K. Ebihara ◽  
M. Omura
Keyword(s):  
Internal Market ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Foreign Countries ◽  
National Tax ◽  
Definition Of ◽  
The Eu

Recently, Japanese wine law has changed dramatically. In October 2015, the definition of “Japan wine” and the labelling rules were introduced, and the registration guidelines for the geographical indication (GI) were formulated. Up to now, the Commissioner of the National Tax Agency has designated two wine GIs: “Yamanashi” and “Hokkaido”. However, it is not easy for Japanese consumers to understand the value and the role of GI. The National Tax Agency, prefectures, municipal authorities and winery associations organise from time to time promotional events of GI wines to spread the notion of GI. Even though the majority of “Japan wine”, including GI wine, is consumed in the internal market, it is necessary to protect the Japanese GIs in foreign countries. Due to the EU-Japan EPA that ensures the mutual protection of GIs, it is quite probable that the GI will play an important role in the export of Japanese wine, liquor and agricultural products.

Trade Marks and Allied Rights

2017 ◽  
Author(s):  
Dev Gangjee
Keyword(s):  
Brand Image ◽  
Trade Mark ◽  
Unfair Competition ◽  
Legal Issues ◽  
Geographical Indications ◽  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Detrimental Impact ◽  
Scope Of Protection

This chapter outlines the principal features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It includes an outline of the principal allied rights; namely (i) unfair competition, (ii) passing off, (iii) publicity rights, (iv) geographical indications, and (v) domain names. The overview traces the incremental re-orientation of trade mark regimes in recent decades as they have moved beyond their traditional remit of origin-indication protection in response to claims that brand image needs to be better accommodated. In some cases, the ensuing broader scope of protection can have a detrimental impact on speech and inhibit marketplace competition.

Omega Flex Ltd v British Standards Institution

2019 ◽  
Author(s):  
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
Intention To Use ◽  
Full Width ◽  
Bad Faith ◽  
Distinctive Character ◽  
Trade Marks

Abstract H1 Trade marks – Invalidation proceedings – Certification marks - Indications of quality - British Standards kitemark – Application for registration as a ordinary trade mark - Capacity to distinguish - Whether devoid of distinctive character – Relevance of pre-application use - Perception of the relevant public as at date of filing - Whether serving as a badge of origin – Whether descriptive of characteristics of goods or services - Whether distinctiveness acquired through use - Public policy – Deceptive marks - Bad faith –– Lack of intention to use as indicator of origin across full width of specification – Partial invalidity - Reference to CJEU ongoing in other proceedings

35. Trade mark registration

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Uk ◽  
Trade Mark Registration ◽  
The Eu

This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.

scholarly journals The role of geographical indication in supporting food safety: a not taken for granted nexus

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Marcello De Rosa
Keyword(s):  
Food Safety ◽  
Collective Action ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Coordination Problems ◽  
Factors Influencing ◽  
Main Factors

The paper focuses on the role of geographical indication in supporting strategies of food safety. Starting from the distinction between generic and specific quality, the article analyses the main factors influencing food safety in cases of geographical indication products, by stressing the importance of traceability systems and biodiversity in securing generic and specific quality. In the second part, the paper investigates the coordination problems behind a designation of origin and conditions to foster an effective collective action, a prerequisite to grant food safety through geographical indications.

Requirements for Coordination and the Application of an Automatic Collision Avoidance System

1996 ◽  
Vol 49 (2) ◽  
pp. 129-135 ◽  
Author(s):  
Chris Perkins ◽  
Tony Redfern
Keyword(s):  
Collision Avoidance ◽  
Processing Element ◽  
Rule Base ◽  
Successful Implementation ◽  
Legislative Change ◽  
Judicial Practice ◽  
Complementary Action ◽  
International Regulations ◽  
Collision Avoidance System

This paper is concerned with the legislative change which would have to take place if an automatic collision avoidance system were to be implemented.The principle of complementary action, and the role of coordination in achieving that action is considered. Current collision avoidance practice is discussed, noting the coordination attributes of the International Regulations for the Prevention of Collision at Sea, and the responsibility placed on the mariner by the regulations. The processing element of an automatic collision avoidance system is considered in the light of current judicial practice.The paper concludes that the implementation of an automatic collision avoidance system is incompatible with the current collision regulations and the supporting judiciary. It is suggested that successful implementation will require the recognition of a discrete rule base.

TINY REBEL BREWING CO LTD’S TRADE MARK APPLICATIONAppointed Person (Trade Marks)Prof. Ruth Annand: 16 August 2019BL O/482/19; [2019] R.P.C. 25

2019 ◽  
Vol 136 (10) ◽  
pp. 665-678
Author(s):  
Keyword(s):  
Trade Mark ◽  
Fruit Juices ◽  
Distinctive Character ◽  
Trade Marks ◽  
Passing Off ◽  
Likelihood Of Confusion

Abstract H1 Trade marks – Opposition proceedings – Device marks – TROPICANA – Comparison of goods – Whether beers similar to fruit juices – Comparison of marks – Dominant element – Descriptiveness – Acquired distinctive character – Conceptual differences – Assessment of likelihood of confusion – Passing off – Appeal to Appointed Person

scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals The Role of Local Governments in the Defense of Leading Products

BESTUUR ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 121
Author(s):  
Resti Dian Luthviati
Keyword(s):  
Local Government ◽  
Government Policy ◽  
Local Governments ◽  
Geographical Indications ◽  
Regional Government ◽  
Geographical Indication ◽  
White Pepper ◽  
Approach Method ◽  
Local Government Policy

<p>This study aims to explain and show the role and influence of local government policy and political law in protecting and developing Geographical Indications as a regional superior product. This article is the writing of normative law using the legislative approach method. The results of the study indicate that the policy and political law of the local government greatly affect the protection and development of Geographical Indications as a regional superior product, this is clearly seen in two ways, namely: a. The Regional Government of Sleman Regency provided assistance, with assistance from the Regional Government and after being officially requested by the Pondoh Salak Farmers Community of Sleman District, finally the pondoh salak variety succeeded in obtaining a geographical indication certificate in August 2013, b. Protection and development of Muntok White Pepper Geographical Indication products are inseparable from the role of the Regional Government of Bangka Belitung Province. H Eko Maulana Ali through the Governor Regulation of Bangka Belitung Province.</p><p> </p><p><strong>Keywords:</strong> Political Law, Local Government, Geographical Indications.</p>

The Effect of Non-Registration of Contracts for Transfer of Technology in Nigeria: Beecham Group Ltd v. Esdee Food Products Nigeria Ltd

1988 ◽  
Vol 32 (2) ◽  
pp. 208-212
Author(s):  
O. A. Fagbemi
Keyword(s):  
Food Products ◽  
Trade Mark ◽  
Industrial Property ◽  
Locus Standi ◽  
Transfer Of Technology ◽  
National Office ◽  
First Time ◽  
Court Of Appeal

The main object of the National Office of Industrial Property (NOIP) Act 1979, is the regulation of all contracts and agreements for the transfer of technology to Nigeria. It attempts to achieve this by requiring all such contracts and agreements to be registered with the NOIP and for their terms to be predicated upon state or judicial consent.In Beecham's case, the Court of Appeal decided that failure to register relevant contracts or agreements with the NOIP does not affect their validity. It is the submission of this note that the decision of the Court of Appeal was wrong: such contracts or agreements become tainted with illegality and, therefore, should be null and void.Although this was an action for infringement of the plaintiff's (Beecham Group Ltd), registered trade mark “Lucozade”, this note will concentrate on the point of law (raised for the first time at the appeal), that non-registration of the transaction whereby the proprietorship of the mark was transferred to the plaintiff, rendered the transaction void. The defendant's argument was that the plaintiff had no locus standi to institute the action or use the trade mark, because it had failed to register a transaction that was registrable within the context of section 4(d) of the NOIP Act.The Court of Appeal disagreed:

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