A new Law 5833, amending Articles 9 and 61 of Decree Law 556 on the Protection of Trade Marks, entered into force on 28 January 2009. This law aims to fill the gaps created by a decision of the Constitutional Court in 2008 which annulled certain provisions of the Decree Law. Trade Mark owners say the delay in enacting the amendments has caused irreparable damage to them and that the new criminal provisions do not act as a sufficient deterrent.

A draft Trade Mark Law has recently been introduced to Parliament, providing an opportunity to address the deficiencies in the new amendments (in particular with regard to their criminal provisions).

Source: Ugur Aktekin and Zeynep Seda Aksoy (Mehmet Gün & Partners, Istanbul), in World Trademark Review, from further details may be obtained.