NEWSLETTER-2017

302 NEWSLETTER 2017 handedly constitute an infringement. Pursuant thereto, in a solid case, if the defendant, in its web site, provides services that are not within the registered scope of the trademark of the claimant, no infringement will come into question. However, if the trademark in question is a well-known mark, and one of the conditions stated under Article7/3- D of Industrial Property Law exists, its usage on the internet will be considered as a trademark right infringement. (, “Even if it is the same or similar mark previously registered or applied for registration, a mark could be used for different goods or services. But, if an improper benefit can be derived due to the notoriety of the mark which is previ- ously registered or applied for the registration or the mark can fall into disrepute or the distinctive character of the mark can be dam- aged, the registration application of the new mark shall be rejected even for different goods or products, on request of the right holder of the trademark which is already registered or applied to be registered.” Conclusion Trademark right infringements are a kind of industrial property right infringements that are inevitable because of the determinant role of the internet in the world of commerce and the expansion of e-commerce. The Industrial Property Law determines the conditions of trademark right infringements on the internet as numerus clausus . Thus, the legislator aimed to define particular regulatory methods against trademark right infringements via the internet.