INVALIDITY OF GEOGRAPHICAL INDICATIONS UNDER TURKISH LAW


Tekin U.

Law and Justice Review, sa.26, ss.49-58, 2023 (Hakemli Dergi) identifier

  • Yayın Türü: Makale / Tam Makale
  • Basım Tarihi: 2023
  • Dergi Adı: Law and Justice Review
  • Derginin Tarandığı İndeksler: TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.49-58
  • Eskişehir Osmangazi Üniversitesi Adresli: Evet

Özet

With the entry into force of the Industrial Property Code no. 6769 in 2017 (IPC), the Decree Law No. 555 on the Protection of Geographical Indications was repealed. Geographical indications are regulated between the articles 33-54 of IPC. These regulations are prepared under the effect of the international regulations such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the EU Regulation No 1151/2012 on Quality Schemes for Agricultural Products and Foodstuffs. In the presence of certain conditions, the invalidity, which is explained as the legal protection provided by this Code for the registered geographical sign shall be deemed not to have arisen, is regulated in the art. 50 and 51 of IPC. In this article, invalidity request, grounds for invalidity and effects of invalidity on geographical indications will be explained under Turkish law with the light of court decisions and aforementioned international regulations about geographical indications.