The Effect of Regulation Regarding the Suspension of Certain Periods Introduced by Provisional Article 1 of Law No. 7226 with the Purpose of Preventing Loss of Rights in the Judicial Area on the Toleranc


ERDEM M. , YUSUFOĞLU BİLGİN F.

ISTANBUL HUKUK MECMUASI, vol.78, no.2, pp.711-736, 2020 (Journal Indexed in ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 78 Issue: 2
  • Publication Date: 2020
  • Doi Number: 10.26650/mecmua.2020.78.2.0015
  • Title of Journal : ISTANBUL HUKUK MECMUASI
  • Page Numbers: pp.711-736

Abstract

The World Health Organization (WHO) assessed that coronavirus disease 2019 (COVID-19) can be characterized as a pandemic on March 11, 2020. After this assessment, serious measures were adopted worldwide in an attempt to prevent further spread of the virus. In Turkey, the regulation regarding the Suspension of Judicial Time Limitations (Law No. 7226) was adopted to prevent the propagation of the virus, alongside other precautions. This arrangement has engendered some uncertainties in practice, although it has many positive effects. One of them is whether the grace periods as specified in Turkish Industrial Property Law (IPL) will be suspended according to this Law and whether all the grace periods in IPL will be handled in the same way. We handled the grace periods in two ways in this study: the grace period related to the non-use of the trademark and the patent and the grace period granted before the patent and design application. We concluded at the end of the study that the grace period for non-use is not a prescription period; therefore, this period is not covered by Law 7226. However, the grace period granted for the explanations made before the application of the design and patents is qualified as a prescription period, and thus, it falls within the scope of Law No. 7226.