Newsletter-21

353 INTELLECTUAL PROPERTY LAW to the martial rule and state of emergency, fundamental rights, indi- vidual rights and responsibilities regulated under the first and second section of the Constitution, and political rights and duties contained in the fourth section thereof cannot be regulated by the decrees.” In this regard, by means of regulating all of the industrial property rights that are under the scope of property rights, one of the fundamental rights by law, the Bill was prepared in order to prevent the cancellation of the Constitutional Court, and to enact the regulations by the law. Even if it is unclear as to when this Bill would be enacted, it is possible that with the entry into force of this Bill, major developments and changes in industrial property field would be birthed. Some of the major regulations brought by the Bill are briefly examined, below. What does the Bill aim to bring? Trademark The First Part of the Bill regulates trademarks. With this Bill, more efficient use of registered trademarks in the market, prevention of the registration requests for trademarks that are unlikely to be used, and encouraging the use of trademarks are intended. The logos that could be used as trademarks are reorganized under the Bill in compliance with Article 15 of TRIPS, the new EU Trade- mark Directive, and the EU Trademark Regulation. In lieu of the cur- rent regulation stating that although the trademarks are required to be any type of logos being represented graphically, the Bill sets forth that a trademark may consist of a sign that may be lodged with the registry, provided that it clearly identifies the subject of the protection granted to the trademark holder. In line with economic and, in particular, tech- nologic developments, the Bill paves the way for registration of many kinds of trademarks, such as the sound and motion trademarks in Tur- key, as they are registered in many other jurisdictions. Additionally, the Bill does not adopt the numerus clauses principle in specifying the logos to be used as trademarks. Absolute and relative grounds for the refusal of a trademark reg- istration are redrafted with the Bill. In paragraph 4 of Article 6 of the