A COMPARATIVE STUDY OF TRADEMARKS UNDER GERMAN AND TURKISH LAW

Authors : Gregor GRUBHOFER

Pages : 15-28

View : 53 | Download : 15

Publication Date : 2002-12-27

Article Type : Research Paper

Abstract :With Decision 1/95 of the EC Turkey Association Council, Turkey and the  EC established a Customs Union. ln implementing that decision Turkey also undertook the obligation to ensure effective protection and enforcement of  intellectual property rights. Annex Vlll of thr same decision provides specific measures in the field of lntellectual property rights that Turkey should bring into effect. According to a new Decree-Law No. 556 Pertaining to the Protection of Trademarks was adopted in Turkey and entered into force on June 27, 1995, to harmonize the Turkish trademark system with European standards, especially with the TRIPS Agreement and the EC Council Directive EEC 89/104. The legal basis for the protection of trademarks in Turkey before was Law No: 551 of March 3, 1965. As with the Turkish law the German law also had to be amended according to the EC Council Directive in 1994 and came into force on January 1, 1995. The new German Trademark Law replaced the former `Warenzeichengesetz` trademark law, which dated back to 1874. Considering the latest amendments to the German and Turkish Trademark Laws similarities in both laws show that Turkey has adapted great parts of its trademark laws to the European standard. 
Keywords : COMPARATIVE, STUDY, TRADEMARKS

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