August 26, 2004

By Berrin Kalenderli, Patent and Trademark Attorney

The unauthorized extension of the scope of a license by the licensee will not constitute a crime according to the recent decision of the Constitutional Court.

The Constitutional Court ruled to the cancellation of paragraph (d) of Article 61 of the Decree Law no.556 which provides that “extending the scope of the rights granted by the right holder on the basis of a contractual license or granted by compulsory license or transferring such rights to third persons without authorization,” constitutes an act of trademark infringement

The Constitutional Court has motivated its decision in that the subject provision having been enacted through the a Decree Law instead of an Act, violates the Constitution which requires the enactment of a punitive provision shall only be effected by an Act.

The court however, postponed the execution of the decision one year as of the publication of the decision i.e. as of May 14, 2004.