Cross-Workshops - 3: Application of the Legal Pre-emption Right in the Trademark

  • 02 November 2021
  • 13:16

The 3rd of the Cross-Workshops of our Faculty will be held on the 16th of November 2021 and the topic titled as ‘Application of the Legal Pre-emption Right in the Trademark’ will be presented by Res. Assist. Gözdenur Güllü. Following topics will be dealt with:

  1. How to assert a legal pre-emption right in the scope of Turkish Industrial Property Code (Law No. 6769) (*SMK) Art. 148/ III?
  2. How to interpret this statement? : “In case the parties do not agree, the pre-emption right is used by filing a lawsuit against the buyer.”
  3. Is the notification of pre-emption action subject to any requirements as to form?
  4. Is the waiver of pre-emption right subject to any requirements as to form in the scope of SMK Art. 148/III?
  5. On what basis is the liability for the loss of the pre-emption right’s holder, arisen from not notifying the pre-emption action?