JAH would like to keep their readers abreast with the recent jurisdictional changes in countries under our purview:
Turkey announced the adoption of Law No. 6769 on the Protection of Industrial Property Rights; the new Law was passed before the Grand National of Assembly on December 22, 2016 and entered into force on the date of publication in the official gazette on January 10, 2017. It repeals and replaces the Decree Laws on Patents and Utility Models, on Trademark and Service marks, on Industrial Designs, and on Geographical Indications. The new law stipulates the restructuring of the internal organization of the Turkish Patent Institute that was aptly renamed the Turkish Patent and Trademark Office.
The main changes in the Law includes the acceptance of co-existence agreements and letters of consent, thereby enabling the applicants to overcome relative grounds rejection with the prior right owner’s approval. With respect to oppositions, the Law makes a clear distinction between well-known trademarks registered in Turkey and those which are not, thus; the owner of an unregistered well-known trademark will, therefore, be able to oppose applications for a mark identical or similar to a well-known trademark. Furthermore, the Law stipulates that if the owner of the opposed application can claim that the opposing party has not used its trademark for more than five years without a justified reason after its registration date and in case of this defense, the Turkish Patent and Trademark Office will request the opposing party to provide substantial evidence regarding the use of the trademark. If they are not provided, the opposition will be rejected.
An increase in the official fees for IP matters have also been announced. The increase also applies to EP Validation, search and examination, and the annuity maintenance fees for patents and utility models. Until the implementation regulation of the new laws are issued we expect further developments and shall update you accordingly.
Further to our news alert informing of the Kuwait Trademarks Office stipulation for the payment of official publication fees for the recordal of change of name, address, assignment and actions in the official gazette, we have been informed that the registry will now start issuing separate certificates for the renewal and recordals matters. The earlier practice was to endorse on the backside of original certificates with the undertaken renewal and recordal actions.
The African Regional Intellectual Property Organization (ARIPO) recently amended the Harare Protocol on Patents and Industrial Designs and announced an increase in official fees. The amendments entered into force on January 1, 2017 the changes were announced at ARIPO’s 40th Administrative Council Session (Harare, Zimbabwe) in December 2016.
Some of the notable amendments include:
An increase in official fees including new fees for additional or existing services and additional provisions for post-grant amendments were also announced along with restoration of rights for patents, utility models and industrial designs.
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