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Devin Patent — Publications

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Articles and commentary from our team. Trademark, patent, design, domain name and geographical indication pieces are the work of this office. Data protection, media, corporate and regulatory subjects fall within the practice areas of Devin Law & IP and are published jointly.

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Devin Law & IP

Anything outside trademark, patent, design, domain name and geographical indication work belongs to the practice areas of Devin Law & IP. Those articles carry a note at the top when you open them.

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45 articles · 14 shown

202645 articles
Copyright

Playing Music from a Subscription App on Business Premises and Criminal Liability: The Decision of the 7th Criminal Chamber of the Court of Cassation of 5 May 2026

This article examines the decision of the 7th Criminal Chamber of the Court of Cassation dated 5 May 2026 (Docket No. 2025/4040, Decision No. 2026/5401), which held that playing music in a café through a music app paid for by a monthly subscription constitutes the offence set out in Article 71(1) of Law No. 5846 on Intellectual and Artistic Works (the “LIAW”). The Chamber rejected the operator's defence that paying the subscription fee also covered the copyright royalties, stated that the case law on the absence of intent in radio and television broadcasts cannot be applied to subscription apps, and upheld the conviction by majority. The dissenting opinion concerns the manner in which the evidence was obtained, not the merits. The article discusses the reasoning of the decision, the line of case law on which it relies and its consequences for businesses.

Uğurcan Tekin15 October 2026
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