Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CURRENT PROBLEMS of TRADEMARK LAW | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE |
| Assistant(s) | Research Assistant M. Ceren Erdem- Research Assistant Esma Hande Boztosun Bozkurt |
| Aim | Provide to have knowledge to students regarding theorical knowledge of trademark law and solution of practical problems in this field. |
| Course Content | This course contains; Invalidation due to non-use,Geographical Indication and Trademark Relationship,Unfair Competition of Trademark Rights,Loss of Rights by Remaining Silent,Trade name and Trademark Relation,Reasons for Absolute Refusal of Trademark Registration,Reasons for Relative Refusal of Trademark Registration,Strong Trademark-Weak Trademark Distinction,Principle of Nationality in Trademark Law,Signs can be trademark,Trademark Infringement,well-known brand,Termination of Trademark Right,Exhaustion of Trademark Right. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Explains the basic concepts of Trademark Law | 10, 12, 13, 14, 16, 19, 9 | A, E |
| 2. Lists the trademark registration procedures and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| 3. Summarises the rights gained as a result of trademark registration and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| 4. Discusses the termination of the trademark right and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| 5. Analyses the invalidity of the trademark, its effects and the problems arising on the subject. | 10, 13, 14, 16, 19, 4, 9 | A, D, E |
| 6. Distinguishes the infringement of trademark rights and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Invalidation due to non-use | The student reads the "Invalidation due to non-use" section in the references books. |
| 2 | Geographical Indication and Trademark Relationship | The student reads the "Geographical Indication and Trademark Relationship" section in the references books. |
| 3 | Unfair Competition of Trademark Rights | The student reads the "Unfair Competition of Trademark Rights" section in the references books. |
| 4 | Loss of Rights by Remaining Silent | The student reads the "Loss of Rights by Remaining Silent" section in the references books. |
| 5 | Trade name and Trademark Relation | The student reads the "Trade name and Trademark Relation" section in the references books. |
| 6 | Reasons for Absolute Refusal of Trademark Registration | The student reads the "Reasons for Absolute Refusal of Trademark Registration" section in the references books. |
| 7 | Reasons for Relative Refusal of Trademark Registration | The student reads the "Reasons for Relative Refusal of Trademark Registration" section in the references books. |
| 8 | Strong Trademark-Weak Trademark Distinction | The student reads the "Strong Trademark-Weak Trademark Distinction" section in the references books. |
| 9 | Principle of Nationality in Trademark Law | The student reads the "Principle of Nationality in Trademark Law" section in the references books. |
| 10 | Signs can be trademark | The student reads the "Signs can be trademark" section in the references books. |
| 11 | Trademark Infringement | The student reads the "Trademark Infringement" section in the references books. |
| 12 | well-known brand | The student reads the "well-known brand" section in the references books. |
| 13 | Termination of Trademark Right | The student reads the "Termination of Trademark Right" section in the references books. |
| 14 | Exhaustion of Trademark Right | The student reads the "Exhaustion of Trademark Right" section in the references books. |
| Resources |
| Hamdi Yasaman/ Sıtkı Anlam Atay/ Tolga Ayoğlu/ Fülürya Yusufoğlu/ Sinan Yüksel, Marka Hukuku 556 sayılı KHK Şerhi, C. I, 2004. Hamdi Yasaman/ Sıtkı Anlam Atay/ Tolga Ayoğlu/ Fülürya Yusufoğlu/ Sinan Yüksel, Marka Hukuku 556 sayılı KHK Şerhi, C. II, 2004. Ünal Tekinalp, Fikri Mülkiyet Hukuku, 5. Basım, İstanbul: Vedat Yayıncılık, 2012. Savaş Bozbel, Fikri Mülkiyet Hukuku, İstanbul: On İki Levha Yayıncılık, 2015. Sabih Arkan, Marka Hukuku, C. I, Ankara: Ankara Üniversitesi Yayınları, 1998. Sabih Arkan, Marka Hukuku, C. II, Ankara: Ankara Üniversitesi Yayınları, 1998. Uğur Çolak. Türk Marka Hukuku. İstanbul: On İki Levha Yayıncılık, 2013. |
| Ejder Yılmaz/Ramazan Arslan/Sema Taşpınar Ayvaz/ Emel Hanağası, Medeni Usul Hukuku, 2022 (Güncel Baskı) Ali Cem Budak/Varol Karaaslan, Medeni Usul Hukuku, 2023(Güncel Baskı) Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, 28. Baskı, Ankara, 2014. Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021. Pekcanıtez Usul, Medeni Usul Hukuku (3 Cilt), 2017. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the private law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 70 | 70 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 25 | 25 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 207 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(207/30) | 7 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CURRENT PROBLEMS of TRADEMARK LAW | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE |
| Assistant(s) | Research Assistant M. Ceren Erdem- Research Assistant Esma Hande Boztosun Bozkurt |
| Aim | Provide to have knowledge to students regarding theorical knowledge of trademark law and solution of practical problems in this field. |
| Course Content | This course contains; Invalidation due to non-use,Geographical Indication and Trademark Relationship,Unfair Competition of Trademark Rights,Loss of Rights by Remaining Silent,Trade name and Trademark Relation,Reasons for Absolute Refusal of Trademark Registration,Reasons for Relative Refusal of Trademark Registration,Strong Trademark-Weak Trademark Distinction,Principle of Nationality in Trademark Law,Signs can be trademark,Trademark Infringement,well-known brand,Termination of Trademark Right,Exhaustion of Trademark Right. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Explains the basic concepts of Trademark Law | 10, 12, 13, 14, 16, 19, 9 | A, E |
| 2. Lists the trademark registration procedures and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| 3. Summarises the rights gained as a result of trademark registration and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| 4. Discusses the termination of the trademark right and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| 5. Analyses the invalidity of the trademark, its effects and the problems arising on the subject. | 10, 13, 14, 16, 19, 4, 9 | A, D, E |
| 6. Distinguishes the infringement of trademark rights and the problems arising in this regard. | 10, 13, 14, 16, 19, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Invalidation due to non-use | The student reads the "Invalidation due to non-use" section in the references books. |
| 2 | Geographical Indication and Trademark Relationship | The student reads the "Geographical Indication and Trademark Relationship" section in the references books. |
| 3 | Unfair Competition of Trademark Rights | The student reads the "Unfair Competition of Trademark Rights" section in the references books. |
| 4 | Loss of Rights by Remaining Silent | The student reads the "Loss of Rights by Remaining Silent" section in the references books. |
| 5 | Trade name and Trademark Relation | The student reads the "Trade name and Trademark Relation" section in the references books. |
| 6 | Reasons for Absolute Refusal of Trademark Registration | The student reads the "Reasons for Absolute Refusal of Trademark Registration" section in the references books. |
| 7 | Reasons for Relative Refusal of Trademark Registration | The student reads the "Reasons for Relative Refusal of Trademark Registration" section in the references books. |
| 8 | Strong Trademark-Weak Trademark Distinction | The student reads the "Strong Trademark-Weak Trademark Distinction" section in the references books. |
| 9 | Principle of Nationality in Trademark Law | The student reads the "Principle of Nationality in Trademark Law" section in the references books. |
| 10 | Signs can be trademark | The student reads the "Signs can be trademark" section in the references books. |
| 11 | Trademark Infringement | The student reads the "Trademark Infringement" section in the references books. |
| 12 | well-known brand | The student reads the "well-known brand" section in the references books. |
| 13 | Termination of Trademark Right | The student reads the "Termination of Trademark Right" section in the references books. |
| 14 | Exhaustion of Trademark Right | The student reads the "Exhaustion of Trademark Right" section in the references books. |
| Resources |
| Hamdi Yasaman/ Sıtkı Anlam Atay/ Tolga Ayoğlu/ Fülürya Yusufoğlu/ Sinan Yüksel, Marka Hukuku 556 sayılı KHK Şerhi, C. I, 2004. Hamdi Yasaman/ Sıtkı Anlam Atay/ Tolga Ayoğlu/ Fülürya Yusufoğlu/ Sinan Yüksel, Marka Hukuku 556 sayılı KHK Şerhi, C. II, 2004. Ünal Tekinalp, Fikri Mülkiyet Hukuku, 5. Basım, İstanbul: Vedat Yayıncılık, 2012. Savaş Bozbel, Fikri Mülkiyet Hukuku, İstanbul: On İki Levha Yayıncılık, 2015. Sabih Arkan, Marka Hukuku, C. I, Ankara: Ankara Üniversitesi Yayınları, 1998. Sabih Arkan, Marka Hukuku, C. II, Ankara: Ankara Üniversitesi Yayınları, 1998. Uğur Çolak. Türk Marka Hukuku. İstanbul: On İki Levha Yayıncılık, 2013. |
| Ejder Yılmaz/Ramazan Arslan/Sema Taşpınar Ayvaz/ Emel Hanağası, Medeni Usul Hukuku, 2022 (Güncel Baskı) Ali Cem Budak/Varol Karaaslan, Medeni Usul Hukuku, 2023(Güncel Baskı) Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, 28. Baskı, Ankara, 2014. Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021. Pekcanıtez Usul, Medeni Usul Hukuku (3 Cilt), 2017. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the private law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |