Trademark and Patent Attorneys; A Critical Review from Lawyers’ perspective
With the regulations made in 1995, application of trademark and patent to Turkish Patent Institute (TPI) can only be made through registry system of TPI and applicants are required to succeed in TPI’s exam in order to be included to that registry system. According to the regulation, applicants should be graduated from a 4 years graduate school and pass the exam. Lawyers are also obliged to pass the same exam. Under the discussion on the decision of 10th of the Council of the State, Case No 1995/2751 Decision No. 1997/2458, the Article evaluates the legal flaws of the regulation which;
- Harms power of attorney system in terms of Attorneyship Law, Clause 2. and 35
- Represents a new type of attorneyship (trademark and patent), of which the legal ground is Decree Law No. 544, yet there is no implication of inclusion of the lawyers,
- Involves regulations limiting the authority of the lawyers and is against EU Law although such regulation is adopted in terms of harmonization,
(This article is presented in Ankara Law Congress by Haluk İnanıcı in 2002)