TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
12. Additional Considerations 12.1 Emerging Issues There are several emerging issues and recent developments in Türkiye in respect of IP issues. • The rise of digital marketplaces and social media platforms has significantly increased the potential for IP infringements. In response, there is a growing emphasis on enforcing IP rights in the digital domain, including the monitoring of online platforms and the use of digital rights management technologies. • The Digital Copyright Proposal, which aims to regulate how digital platforms compensate content creators, reflects the changing land - scape of content creation and distribution. It signifies a shift towards recognising and monetarily rewarding the efforts of content creators in the digital realm – a topic that is gaining both local and global attention. • The question of IP rights for AI-generated works is a global challenge. Turkish law – like many others – is based on the concept of human authorship, resulting in a legal grey area for AI creations. Overall, these emerging issues highlight the ongoing need for Turkish IP law to adapt to the realities of the digital age and technological advancements. 12.2 Trade Mark and Copyright Use on the Internet In the context of Turkish law, there are specific considerations for trade marks and copyrights on the internet, particularly concerning the lia - bility of service providers and the removal of infringing material.
(extendable by another ten days), an infringe - ment action should be initiated or a temporary injunction decision issued by the court should be served.
11. Appeal 11.1 Appellate Procedure
In Türkiye, decisions related to trade mark or copyright infringement cases can be appealed to higher judicial bodies. Parties dissatisfied with the first-instance deci - sion have the right to appeal to the regional courts of appeal within specified time limits (typi - cally within two weeks) from the date of the first instance judgment. These courts hear appeals against decisions of the IP Courts. If the dissatisfied party wishes to contest the decision of the regional courts of appeal, they can appeal further to the Court of Cassation. The Court of Cassation does not re-examine the fac - tual elements of the case but, rather, reviews the application of law and procedural matters. The Court of Cassation provides the highest level of review for legal matters and procedural correct - ness. 11.2 Timeframes for Appealing Trial Court Decisions Typically, the party intending to appeal a trial court decision must file the appeal within two weeks following the date of the judgment. The duration for a decision on an appeal against a trial court decision can vary significantly. Appeal proceedings usually take a year or more, depending on the complexity of the case, the workload of the appellate court, and other pro - cedural factors.
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