No. 26
September 2012
International Association for the Protection of Intellectual Property
AIPPI General Secretariat |Toedistrasse 16 | P.O.Box |CH-8027 Zurich
Tel. +41 44 280 58 80 | Fax +41 44 280 58 85
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AIPPI - Turkish Seminar 2012 report
Nazli T. Korkut, Deris Patents & Trademarks Agency A.S., Istanbul, Turkey

The Second Intellectual Property Law Seminar from a Turkish and International Perspective, including mock patent trial and mock UDRP Arbitration on domain name dispute was successfully held on June 28 & 29 in Istanbul.

Following the success of the first international seminar organized by the Turkish Group of AIPPI, with the contribution of AIPPI's Bureau Members in 2011, the Turkish Group, was motivated to hold a Second Seminar, and welcomed over 170 attendees with a rich and stimulating programme.

The Seminar programme included a patent mock trial in the morning session and continued with side presentations. These presentations, moderated by Turkish IP specialist judges and prosecutors, covered: “IP Rights related Protective Measures at Customs and their Enforcement” and, “A Critical Approach to the Legal Regulations Regarding IPR related to Protective Measures at Customs and Solution Proposals”. The speakers examined matters from the different perspectives of Turkish and other countries' legislation. The patent trial, an EP case, focused mostly on closest prior art, objective technical problem, technical effect on the distinguishing feature, insufficient disclosure, patentability requirements and infringement The panel of judges was composed of Judge Dr. Matthias Zigann (Munich Regional Court), Judge Helmut Sonn (Technical Judge at the Commercial Court Vienna) and Judge Zerrin Eymirlioğlu (Former Judge of Istanbul 2nd Civil Court of IPR). The panel announced its decision after the pleadings and the rebuttals had been presented by the patent attorneys and attorneys-at-law of the plaintiff and of the defendant. Within this mock trial and before the announcement of the final decision, the attendees were divided into groups and they had the opportunity to submit their evaluations and opinions.

The second day opened with side presentations dealing with the following issues: “in the light of practice IP Infringements on the internet and their resolutions”, “TM and Domain Name Disputes on the internet”, “evaluation of the legislation on copyright and internet regarding IPR Disputes on the internet”. Mr. Wilbers, Director at Arbitration and Mediation Center, WIPO, informed the attendees about the WIPO Resolution of Domain Name Disputes Procedure with very interesting figures

Attendees benefited from these presentations thanks to the contribution of academics who studied the subjects in detail and also of attorneys at law from different countries who shared with us the daily problems and dilemmas they faced during the implementation of laws.

The mock UDRP Arbitration case dealt with a request for transfer of the disputed domain name by the complainant in view of the company (respondent) which uses the domain name in connection with a domain parking website offering links to third parties' products, including software products. The panel of arbitrators was composed of three Turkish WIPO Domain Name Panelists (Mr. Yalcıner, Ms. Ünlü and Ms. Ekdial) who successfully re-created the atmosphere at WIPO with the help of vivid and interesting presentations and arguments from the parties' attorneys.

The case was very actively discussed and supported by both parties and the floor also had the chance to make their own evaluations in groups.

Lunches, (gala) dinners gave all the participants the chance to discuss the matters among themselves and with the members of the panel of judges and arbitrators.

We are so glad to have received many affirmative critiques and comments from the participants regarding the content of the seminar and of the mock trials; and, the quality of the side presentations let alone the social events. As in 2011, our main objective, which was to provide a platform for bringing together Judges; Public Prosecutors; attorneys at law; patent attorneys; academicians; and, officials from the related governmental bodies (like the Turkish Patent Institute, Dpt. of Legislation and Foreign Affairs of GD of Customs) to argue and discuss current issues and to seek relevant solutions or suggestions on the basis of enforcement and doctrine, was achieved.

On behalf of the organizing committee we would like to thank everyone who was involved in this seminar and who, with their ideas, inspirations, comments, documents, time, effort, material support and everything they provided, made this seminar possible and raised the bar. As members of the Turkish Group of AIPPI, we hope to be able to organize new seminars/workshops in the future which will make Turkey a good venue in which IP matters can be discussed; knowledge gathered and shared; and new perspectives developed for the benefit of all attending.
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