Marka hukukunda karıştırma tehlikesi

Abstract

This study deals with the ?likelihood of confusion on the trademarks?. Turkish legislation on the issue of Intellectual property law has been modified under the light of; the international treaties, EU Trademark Legislation and especially EU directive 84/104 and 40/94 EU Trademark Regulation. Relevant articles of the Turkish Commercial Code, Obligation Code, Civil Code, Intellectual Property Law and Advertisement Regulation have been criticised in the study. In this study, the description, compenents and determination of the ?likelihood of confusion? have been evaluated. In addition, decisions of the Turkish Supreme Court and the European Court of Justice have been taken into consideration. While the study was going on, Turkish Constitutional Court annuled related articles of Decree. Annulation of those articles depended on the main principle of Criminal Law that is ?No crime and punishment can be without law?. This new develeopment will cause the reconsidering of relevant issues by the Turkish Grand National Assembly. Finally, the criticisms and results of this study have been evaluated under the title of the conclusion