The Office for Intellectual Property (BOIP) has published its new strategic plan, BOIP 2030. It focuses on service excellence, legal quality, and raising IP awareness.

The details of the plan and a video animation are available on the BOIP website here.

BOIP’s vision is: “Intellectual property is an integral part of every business plan in the Benelux” and its core statement is: “By delivering the highest service quality and fostering strong partnerships, we enable businesses to turn their ideas into value.”

The plan has three strategic themes: BOIP Delivers, BOIP Connects and BOIP Commits.

The Office states: “BOIP is committed to ensuring that its services are not only reliable but also human-centric, addressing the diverse needs of its users. By focusing on accessibility, quality, and customer-centricity, we aim to make the resources and support offered by BOIP available to all.”

The plan has nine strategic goals:

1. Accessibility of information and services
2. Quality of administrative and legal output
3. Customer-centric service design
4. Enhancing the understanding of our environment
5. Strengthening the IP network
6. Facilitating integration of IP into business
7. A sustainable organization
8. An inspiring employer
9. A societal contributor

BOIP 2030 comes into effect this year, with outcomes continuously monitored and evaluated annually.

BOIP is part of the Benelux Organisation for Intellectual Property and has the following remits: to implement the Benelux Convention on Intellectual Property (BCIP) and the Implementing Regulations; to promote the protection of trade marks and designs in the Benelux countries; to perform additional tasks in other fields of intellectual property law, as directed by the Administrative Council; and continual evaluation and, if necessary, amendment of  Benelux legislation governing trade marks and designs, in the light of international, EU and other developments.

Image from BOIP website

The annual Question the Trade Mark Judges event organized by the UCL Institute of Brand and Innovation Law (IBIL) and MARQUES will be held on 25 March 2025 from 6.00 pm to 7.30 pm.

It will take place at UCL Laws in London.

As usual, the panel will feature leading trade mark judges from the UK and EU, who will answer pre-selected questions from the audience.

This year the judges taking part include:

• Nina Korjus – Chairperson of the 4th Board of Appeal, EUIPO
• The Honourable Mrs Justice Joanna Smith – England & Wales High Court
• Al Skilton - Senior Hearing Officer, UKIPO

More details are available on the UCL-IBIL website here.

Standard tickets are £35 each but MARQUES members only pay £30.

Reserve your place now for what is always a very popular event!

EUIPO has announced that the login screen for the EUIPO user area will have a slightly updated design from 15 February 2025.

The change is part of the Office’s effort to enhance security. The new system includes advanced security measures to prevent unauthorised access to accounts.

The username, password and login process will remain the same.

Note that the login screen includes the EUIPO logo at the top of the page and on the tab marker. The web address starts with https://login.euipo.europa.eu.

If any users have questions or concerns they can contact EUIPO by email at customercare@euipo.europa.eu or telephone +34 96513 9100.

Picture taken from EUIPO website

The MARQUES Copyright Team has produced the first of a series of short videos on copyright.

Each video is a minute or two long and features members of the Team discussing an aspect of copyright.

The first video addresses the question “Why have a Copyright Team?” and the second covers “Common Misconceptions”.

The video series has been produced by the Team and the MARQUES Secretariat to help brand owners understand the key principles of copyright law and address questions that often arise.

The videos are short, direct and optimised for social media.

MARQUES will be sharing all the videos on Instagram, Facebook, LinkedIn and X. You can also view them on the MARQUES website here.

The SME Fund 2025 was launched on 3 February 2025.

With a focus on sustainability, digitalisation and global competitiveness, the fifth edition of the SME Fund scheme will cover a range of IP rights, including trade marks, designs, patents, plant varieties, and the IP Scan service.

The SME Fund scheme aims to:

• Foster innovation: Help SMEs leverage their intellectual property to boost their growth and drive transformative solutions.
• Reaching out to more SMEs: Encourage more SMEs to take advantage of the funds and services available.
• Support SMEs in their IP strategies: Support businesses through the IP scan to create IP portfolios to enhance their potential and protect their innovations.

The SME Fund is an initiative of EUIPO, the European Commission and the European Union Intellectual Property Network.

Since the first pilot initiative in 2021, more than more than 72,000 SMEs have been financially supported.

In 2024, 31,779 applications were received from SMEs, with 29,097 applications for the trade mark or design voucher.

The Office is hosting a webinar on 18 February, providing insights and guidance on maximising the benefits of the SME Fund.

Picture taken from EUIPO website

In 2024, EUIPO received 180,451 EU trade mark applications, a 2.7% increase compared to 2023, according to data published by EUIPO Director João Negrão.

57% of the applications came from the EU, with German companies accounting for 12% of EUTM applications, followed by Italy (7.6%), Spain (6.7%), France (4.8%) and Poland (3.9%).

China accounted for more than 15% of filings and increased by 16% over 2023. Other large non-EU filing countries included the USA (9.4%), the UK (4.4%) and Switzerland (2.2%).

The top 10 Nice classes were present in about 53% of EUTM filings, with class 35 (Advertising, Business Management, class 9 (Electrical Apparatus) and class 42 (Technological Services) the most frequently occurring classes. Among the top 10 classes, class 5 (Pharmaceutical Preparations) had the highest growth in 2024, up more than 5% over 2023.

The number of opposition decisions taken by EUIPO declined by 6.4% in 2024, while cancellation decisions rose by 7.9%.

“This is a reflection of efforts made to reduce the stock of pending opposition decisions, allowing the examiners to focus on clearing the pending cancellation proceedings. Also, the Office is making an active effort to encourage parties to such proceedings to look for amicable settlements, including making use of EUIPO’s Mediation Centre,” said Mr Negrão.

The number of appeal decisions rose by 1.1% in 2024.

The SME Fund received close to 32,000 requests in 2024 and has received more than 100,000 requests since 2021.

“I wish to acknowledge the positive dynamic showed by innovative business in the EU and worldwide in 2024, as well as thank all our users for the trust they have placed, once again, in the EUIPO,” said Mr Negrão.

Picture sent by EUIPO

In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye.

The Role of TRABIS

TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names.

Upon the introduction of TRABIS, the first-come, first-served principle entered into use for the allocation of domain names such as com.tr, org.tr, net.tr, gen.tr, biz.tr, tv.tr, web.tr, info.tr, bbs.tr, tel.tr and name.tr. The obligation to submit any documents to prove the rights of the applicant was abolished.

The introduction of the first-come, first-served principle necessitated an effective dispute resolution mechanism for domain name disputes. Dispute Resolution Service Providers, which are accredited by TRABIS, have started to handle the alternative dispute resolution process regarding .tr domain names.

The regulatory rules and proceedings are in parallel to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) system. The Dispute Resolution Service Providers shall decide to cancel the disputed domain name and/or transfer it to the complainant based on the choice of the complainant if the following conditions are cumulatively met:

1. The subject domain name is similar or identical to the trade mark, trade name, business name or other identifying signs owned or used by the complainant in trade;
2. The registrant of the domain name has no legitimate interests in respect of the domain name; and
3. The domain name is registered or used in bad faith by the registrant.

The alternative dispute resolution mechanism, allowing the litigation-free resolution of domain name disputes for .tr domain names, operates in an effective and beneficial manner.

Online Enforcement in Türkiye

In cases of online infringement of industrial property rights and copyright, various actions can be pursued, including civil actions, criminal actions, preliminary injunctions and notice-and-takedown procedures.

Online infringement of IP rights

The legal basis of trade mark infringement is regulated under Articles 7 and 29 of the Intellectual Property Code (IP Code). Article 29 of the IP Code states that imitating a trade mark or using a mark that is indistinguishably similar – through actions such as selling, distributing, importing or offering products – constitutes trade mark infringement.

Article 7 of the IP Code gives registered trade mark owners the right to block the unauthorised use of identical or similar marks, including online. This also applies to cases where the trade mark is used in domain names, redirect codes, or keywords that could cause confusion.

In such cases, legal action can be taken to determine if there is an infringement, to cease it and to seek both material and moral compensation.

If the conditions are met, a request for a preliminary injunction (PI) can be filed either as a standalone application or as part of the main court action and if the PI is granted the courts may temporarily block access to the relevant websites within Türkiye. These decisions are geographically limited and do not prevent the infringing content from being accessible in other countries.

In the case of trade mark infringement, a criminal complaint can also be filed under Article 30 of the IP Code. This article stipulates that individuals who engage in trade mark infringement – such as by imitating a trade mark or causing confusion through the production, sale, import or transport of infringing goods – may face imprisonment for one to three years and a judicial fine of up to 20,000 days.

Regarding notice and takedown, intermediary service providers or platforms are not liable for illegal content posted by users as per the general principle. Article 5 of the Law on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts states: “(1) Host provider is not obligated to check the content it hosts or to investigate whether it is against to law. (2) Host provider is obliged to remove the content that is against the law if it is notified according to Articles 8 and 9 of this Law.”

However, they may be held accountable if they fail to remove such content after receiving proper notice from the rights holder. We have a specific provision under E-Commerce Law No 6563 which states that platforms are required to remove the content within 48 hours of receiving a complaint accompanied by evidence of the IP violation. Failure to remove the content or republishing it after it is proven illegal may result in an administrative fine for the platform.

In 2023, an annulment application was filed to challenge the notice-and-takedown related provisions of E-Commerce Law before the Council of State and the Constitutional Court. The Council of State has suspended key provisions of the regulation, including those related to notice-and-takedown procedures.

While the annulment cases are still pending and no final decision has been made, the relevant provisions of the E-Commerce Law remain in effect. However, enforcement of these provisions under the E-Commerce Regulation has been suspended.

Online infringement of copyright

In cases of infringement of moral or economic rights, a lawsuit can be filed to determine, prevent, and rectify the infringement, along with claims for material and moral damages. A request for a preliminary injunction can also be made. In cases of copyright infringement, criminal action can be pursued, with penalties including imprisonment and judicial fines for violations of moral, economic, and related rights.

Under Additional Article 4, a basic notice-and-takedown mechanism is established. In cases of online copyright infringement, the rights holder must first notify the content provider and request that the infringement cease within three days.

If the infringement continues, the rights holder may apply to the public prosecutor, requesting that the service provider suspend services to the infringing content provider within an additional three days. Upon application to the public prosecutor, an expert examination is typically ordered, which can take several weeks before a decision is made on the notice-and-takedown request.

Conclusion: refinements needed

The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives such as the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and accessibility, challenges such as voluntary participation and procedural inefficiencies persist.

Türkiye’s efforts in managing domain name disputes through TRABIS and addressing online IP infringements reflect a robust approach to adapting international frameworks to local needs.

However, ongoing regulatory and procedural refinements are essential to ensure effective enforcement and equitable resolution mechanisms. As the digital landscape continues to grow, both global and local measures must evolve to balance innovation with fair governance and protection of rights.

Mutlu Yıldırım Köse and Baran Güney are members of Gün + Partners in Turkey. Mutlu is also a member of the MARQUES Cyberspace Team