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Devin Law & IP — Publications

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Articles and commentary from our team on intellectual property, media, data protection and regulatory developments — practical analysis of the decisions, legislation and market practice shaping Turkish and international law.

44 articles · 14 shown

202644 articles
Maritime & IP

Undeclared Goods on Board: Conviction and Acquittal Criteria in Smuggling Cases

This article has been prepared with a view to setting out, on the basis of decisions of the Court of Cassation, the criteria that determine the distinction between conviction and acquittal in smuggling cases concerning undeclared cigarettes, alcoholic beverages and fuel found on board ships in Turkish ports and territorial waters. The article first addresses the relationship between the smuggling offence and the sanction applied and tax assessed by the customs administration, together with the distinction between no declaration, under-declaration and over-declaration, and then examines the facts that are decisive in the decisions with regard to cigarettes and alcohol and to fuel, the personal liability of the master, the chief engineer and crew members, the rules on attempt, effective repentance and procedure, and the measures concerning the ship.

Şevval Ezgi Demir9 October 2026
Trademark

Acquiescence in Trade Mark Law: Different Rules for Invalidity and Infringement

This article has been prepared with a view to setting out the respects in which loss of rights through acquiescence in trade mark law differs as between invalidity actions and trade mark infringement actions. The article first describes the decisions of the 11th Civil Chamber of the Court of Cassation on the starting point of the five-year period in invalidity actions and the divergence between those decisions, together with its most recent decision, the decision of the 11th Civil Chamber of the Court of Cassation dated 4 June 2026, E. 2026/3054, K. 2026/3267. It then examines the criteria applicable in infringement actions and shows that even where loss of rights through acquiescence is not accepted in an invalidity action, the same silence may have consequences in an infringement action.

Uğurcan Tekin · Alican Tekin · Beyza Erdemir5 October 2026
Maritime & IP

Collision in the Sea of Marmara: Civil and Criminal Liability in Maritime Casualties

Taking the ship casualty off Silivri as its point of departure, this article examines the provisions governing collision, the scope of liability in damages, the operation of the criminal investigation, the administrative casualty investigation and the steps that must be taken in the first days following a casualty.

Şevval Ezgi Demir15 September 2026
IP Litigation

Trademark Invalidity Actions in Türkiye: Grounds, Acquiescence and the Difference from Administrative Revocation

A registered trademark is not always safe. A defect that existed at the moment of registration can lead to the mark being declared invalid by court judgment. The invalidity action is the vehicle for raising that defect. The Industrial Property Code No. 6769 governs the grounds of invalidity, the persons entitled to sue, and the loss of rights through acquiescence. This article examines the invalidity regime and how it differs from the administrative revocation route.

Uğurcan Tekin · İnci Özçilsal28 August 2026
Trademark

Proof of Use in Turkish Trademark Oppositions: The Five-Year Test

Under Article 19/2 of the Turkish Industrial Property Code, an opponent whose trademark has been registered for more than five years must, upon the applicant's request, prove genuine use of that mark in Türkiye. Where proof fails, the opposition fails with it. This article examines how the proof-of-use mechanism works, what counts as genuine use, and how both sides should prepare for it.

Uğurcan Tekin · Alican Tekin28 August 2026
Trademark

Trademark Licence Agreements under Turkish Law: Exclusive and Non-Exclusive Licences Compared

A trademark licence is the principal tool for monetising a mark without parting with it. Yet licence relationships built without regard to the licensing provisions of the Industrial Property Code No. 6769 expose both licensor and licensee to serious risk. This article covers the types of licence, the written-form requirement, recordal with the registry and the licensee's standing to sue.

Uğurcan Tekin · Alican Tekin28 August 2026
Trademark

Bad-Faith Trademark Filings in Türkiye: The True Owner's Toolkit

Those who try to register someone else's mark, a sign learned through a business relationship, or a name known in the market are treated as bad-faith applicants under Turkish trademark law. The Industrial Property Code No. 6769 keeps both the opposition and the invalidity route open against them. This article examines the concept of bad faith, its typical patterns, and the legal tools available to the true owner.

Uğurcan Tekin · İnci Özçilsal28 August 2026
Trademark

Protection of Well-Known Trademarks in Türkiye: When Does Protection Cross Class Boundaries?

Trademark protection is, as a rule, confined to the goods and services covered by the registration. For well-known marks, the Industrial Property Code No. 6769 crosses that boundary through two distinct mechanisms. This article examines the protection of well-known marks within the meaning of the Paris Convention and the beyond-class protection tied to reputation acquired in Türkiye, and sets out the differences between the two.

Uğurcan Tekin · Beyza Erdemir28 August 2026
Patent

Employee Inventions under Turkish Law: Who Owns the Invention, and What Is It Worth?

A significant share of Turkish patent filings rests on inventions developed by employees in the course of their employment. The employee-invention provisions of the Industrial Property Code No. 6769 regulate in detail who owns the invention, how the employer claims it, and what compensation the employee is owed. This article covers the service invention and free invention distinction, the notification and claim mechanism, and the question of compensation.

Uğurcan Tekin · Mehmet Kerem Küçük28 August 2026
E-Commerce & IP

Trademark Protection on E-Commerce Platforms: From Complaint Mechanisms to the Power of Registration

The centre of gravity of anti-counterfeiting has shifted from physical markets to e-commerce platforms. Platform complaint mechanisms can deliver fast results, but almost all of them require a registered trademark right to rely on. This article covers in-platform complaint procedures, the legal position of intermediary service providers, and the strategic value of registration in e-commerce.

Uğurcan Tekin · Şevval Ezgi Demir28 August 2026
Trademark

The Priority Right: The Invisible Calendar of International Filing Strategy

A first filing in one country gives its owner a head start in every other country for a defined period. The priority right born of the Paris Convention lasts six months for trademarks and designs and twelve months for patents and utility models. Managed well, these periods form the backbone of a global protection strategy; missed, they cause losses that cannot be repaired. This article covers how priority works and how to use it strategically.

Uğurcan Tekin · Mehmet Kerem Küçük28 August 2026
Trademark

Trade Name versus Trademark in Türkiye: Two Registries, One Market

A trade name is registered with the trade registry, a trademark with the registry kept by the Turkish Patent and Trademark Office. Two separate registry systems operating side by side in the same market create a frequent zone of conflict: the company carrying a term in its trade name meets the business that registered the same term as a trademark. This article covers the differences between the two rights and the principles for resolving the conflict.

Uğurcan Tekin · Beyza Erdemir28 August 2026
Trademark

The UDRP: A Global Arbitral Route against Domain Name Piracy

A domain name identical to your trademark has been registered by someone else and parked with a for-sale notice. The globally accepted way to recover it without going to court is ICANN's Uniform Domain Name Dispute Resolution Policy. This article covers the three cumulative conditions of a UDRP complaint, how the procedure runs, and how disputes differ under the .tr extension.

Uğurcan Tekin · Şevval Ezgi Demir28 August 2026
IP Litigation

Preliminary Injunctions and Evidence Preservation in Turkish Trademark Infringement Litigation

Trademark infringement actions take time. The infringement, meanwhile, continues throughout the proceedings: counterfeit goods keep selling, and the mark's customer base keeps being misled. Two instruments available at the very start of the dispute therefore matter as much as the action itself. A preliminary injunction stops the infringement before judgment; evidence preservation secures proof that would otherwise disappear. This article examines the conditions, the deadlines and the practical strategy of both.

Uğurcan Tekin · İnci Özçilsal27 August 2026