March 2009
THE LAW AMENDING THE DECREE LAW ON PROTECTION OF TRADEMARKS HAS BEEN PUBLISHED.
The Law amending the Decree Law No. 556 on Protection of Trademarks was published and came into force from publication date in the Official Gazette dated 28th January 2009 and numbered 27124.
The Act was legislated upon some articles of Decree Law No. 556 were abolished by the Constitutional Court on legal ground that they were contrary to Articles 38 and 91 of the Constitution. The act regulates the scope of rights that arise from trademarks rights, acts that infringe to trademark rights and provisions of penalties. Finally, the Constitution and new Criminal Code become harmonized considering punishable acts and applicable penalties to them by this changed new act.
Under the new law, prohibition of using the rights that arise from registered trademark rights as a tool to create a commercial effect in form of a domain name, guidance code, key word or in other forms in the Internet were explicitly regulated.
THE ACT AMENDING DEED LAW AND OTHER ACTS HAS BEEN PUBLISHED.
The Act amending Deed Law and other acts came into effect from publication date in the Official Gazette dated 27th January 2009 and numbered 27123. The said Act has been introduced considerably changes before all else in Deed Law and in other acts.
According to said Act, amendments start from second paragraph of Article 26 of Deed Law (dated 22.12.1934 and Act No. 2644) and some paragraphs were added. The seventh paragraph was amended as below and the last paragraph was abolished.
“In order to perform transactions instead of Land Registry Offices where the Land Registry Offices proceed number of transactions with or without contract less than 500 per year except the Land Registry Offices in provinces, the Directorate General of Land Registry Office may authorize the nearest Land Registry Office’s manager in charge or an appropriate authority in certain days in provinces or districts.
The substance and procedure of issuing an official act is determined by-laws.”
“The real estate mortgage transactions can be recorded to the register of title deed by the Land Registry Offices in order to secure all loans which will be granted by public institutions and bodies (including Armed Forces Pension Fund), banks, the Cooperative of Loan and Guarantee for Tradesmen and Artisans without issuing an official act if the parties request and on the ground of the loan or credit contract made between the creditor and debtor and guarantor, if there is any. ”
The other amendment is a sentence which was added to the end of first paragraph of Article 7 of Forest Law which is Act No. 6831 and dated 31.8.1956. The said sentence is that “Nevermore, the places that forest cadastral has not been started yet, the border of forest was determined according to the provisions of Cadastral Law is gained the quality of forest border that is determined by the Commission of Forest Cadastral.”
The most important amendment added to Act No. 6831 is regulated acquisitive prescription. Accordingly, the said Act changed Article 2 which was amended by Act No. 1744 and dated 20.6.1973 and Act No. 2896 and dated 23.09.1983 and Act No. 3302 and dated 5.6.1986, of clause B of first paragraph, the places eliminated out of forest border cannot be acquired by acquisitive prescription as from the finalization date of the transaction of elimination.
It can be seen that other fundamental amendments added to Act No. 3402 Cadastral Law dated 21.06.1987 was to convert cooperation ownership to collective ownership. According to added article, if an inheritor request to convert the cooperation ownership to the collective ownership then the manager of Land Registry Office should notify to other inheritors to declare their objections within the time limit determined by him. The notification expenses should be paid by the claimant. If there is not any objection was made against maintenance of cooperation ownership or was not filed a suit in order to eliminate the cooperation ownership by any inheritor then the cooperation ownership of the property may be converted to collective ownership and pursuant to shareholding substance it should be recorded to the register of title deed.
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