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EU Intellectual Property Reforms: A New Era for Innovation and Design Protection

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 The European Union (EU) has entered into a comprehensive reform process as of 2023 in order to align intellectual property rights with digitalization, innovation and global competition, and has focused on increasing the protection of intellectual rights with its regulations. Detailed information about the new regulations within this scope will be provided below. Regarding Design Protection; The EU is taking steps towards new regulations that aim to renew the design protection laws that have been in effect for over 20 years and transform them into a more contemporary and digitally focused structure. These regulations, which are expected to come into force by the end of 2025, aim to expand the definition of design to include “non-physical” products, as well as granting applicants the right to postpone the publication of their designs for up to 30 months, simplifying the objection processes and allowing applications to be made through administrative channels instead of courts, making...
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How to Create a Strong Trademark? Key Elements and Legal Considerations

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he most basic element required for a phrase to be registered as a trademark and to be legally protected is distinctiveness. Distinctiveness can be defined as whether a trademark can be expressed by consumers as belonging to a business. This concept is generally examined under two main headings: intrinsic distinctiveness and concrete (acquired/secondary meaning) distinctiveness. The first and most important of these is abstract distinctiveness. Because when the phrase that creates the trademark does not have abstract distinctiveness, it is difficult to talk about concrete distinctiveness. Therefore, it is necessary to know that it is quite difficult to protect a phrase that does not have abstract distinctiveness as a trademark. If the concept of abstract distinctiveness is to be explained in more detail; it would not be wrong to say that a trademark has a structure that is not original and descriptive at first glance. In this case, the trademark leaves a unique impression in the minds o...
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Coexistence Agreements and the Valentino Case

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 Before providing detailed legal information in this article, I would like to mention the purpose of our article and the subject we want to inform about. As a lawyer who wants to improve his research and work in the field of trademark law, I believe that determining the legal status of the dispute before starting to examine a dispute is the most appropriate start and I always try to reflect this situation in my articles. In today's article, I aim to explain the principle of coexistence, which is one of the institutions of trademark law, by examining the Mario Valentino and Garavani Valentino dispute. In this direction, first of all, it is necessary to answer the question of what the principle of coexistence is. In trademark law, coexistence aims to prevent possible legal disputes that may arise between the parties while protecting their market identities by allowing two parties to use similar or identical trademarks under certain conditions. Such agreements are especially important...
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