Akademik Veri Yönetim Sistemi
Tezin Türü: Yüksek Lisans
Tezin Yürütüldüğü Kurum: Ankara Üniversitesi, Sosyal Bilimler Enstitüsü, Türkiye
Tezin Onay Tarihi: 2021
Tezin Dili: İngilizce
Öğrenci: SİNAN HALUK TANDOĞAN
Eş Danışman: SELİN ÖZDEN MERHACI, ARZU OĞUZ
Özet:Along with the advancements in the telecommunication technologies, and the wide-spread usage of social media, information now disseminates across the entire globe in a matter of seconds. The effect of this has been twofold in the world of trademarks and service marks, in that, it has been both beneficial and detrimental to the proprietors of such marks, and even more so, if such marks are well-known marks. The benefit enjoyed by the proprietors in the above sense, is that they do not have to go through all the trouble of promoting and marketing their mark, as now it takes less time, funds and effort for the trademark or service mark to be introduced to consumers in even the remotest parts of the world. The detrimental effect incurred by such proprietors on the other hand is, the fact that their well-known trademark and/or service mark now needs more protection as it is easier to take unfair advantage of such marks compared to regular ones. The special protection regime granted to well-known marks, by national laws, regional legal instruments and international legal instruments such as the Paris Convention and the TRIPS Agreement, aims to answer to this need and to provide adequate protection to these marks. To achieve this purpose, these legal instruments have been drafted in such a way that they confer well-known marks a special position among other trademarks in the sense that they are held exempt from principles such as the principles of territoriality, class-based protection and the requirement for the mark to be registered to obtain protection. This work, therefore, focuses on what constitutes a well-known mark, how they are exempt, to some extent, from the above principles and how they are regulated and protected in various legal contexts.