Legal framework
Turkey is a party to a number of international conventions, including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Berne Convention. Turkey also has specific national legislation, including:
the Industrial Property Code 6769;
the Law on Turkish Intellectual and Artistic Works (5846) (known as the Copyright Act);
the Code of Commerce;
the Anti-smuggling Law; and
Law 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (known as the Internet Law).
Border measures
According to Turkish legislation, it is possible to register IP rights (ie, trademarks, industrial designs, patents, utility models, copyrights, geographical indications, integrated circuit topographies and plant breeders’ rights) before Customs, as the crucial first step in the fight against counterfeiting.
Masako Akagi shows photos of her late husband, Toshio, in an interview. (Asahi Shimbun file photo)
The government plans to admit to the existence of a file compiled by a Finance Ministry official who killed himself after being ordered to falsify data. But whether the contents of the document are released in a lawsuit filed by his widow is another matter.
Masako Akagi, 50, whose husband, Toshio, committed suicide in March 2018, is seeking a total of about 112 million yen ($1 million) in compensation from the central government and Nobuhisa Sagawa, who was director-general of the Finance Ministry’s Financial Bureau when the falsification orders were given.
Tracking the evolution of standard essential patents in China
Shan Jiao of Lifang & Partners explores how standard essential patents litigation in China has evolved following recent developments in the area Sponsored by April 14 2021
lifanChina has attracted significant attention for its handling of standard essential patents (SEPs), arising from the battles over anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI), as seen in
Huawei v Conversant,
Samsung v Ericsson.
This article provides a legislative background of the debate over SEPs in China and considers some of the key recent developments in judicial practice.
Legislative background of SEP litigation in China
As China is a civil law system, there are two types of sources that are binding on Chinese courts and are cited by judges in their decisions. One type is legislation and the other type is judicial interpretation, as issued by the Supreme Pe