Good Practice for Asset Recovery from White Collar Crime
Introduction A recent corruption case involving embezzlement, forgery and bribery by the chairman of a non-profit organisation provides an example of the new asset recovery practice that the Fifth Judicial Reform Package (February 21 2014) has introduced. During the criminal investigation and proceedings, the assets generated by the suspect’s crimes were confiscated successfully and in a timely manner. Further, the prosecutors attached importance to redeeming the value of the… »
International Arbitration, Turkey Chapter, First Edition
Introduction International arbitration and domestic arbitration are subject to different legislation under Turkish law. The main legislation regulating international arbitration is the International Arbitration Law numbered 4686, which is essentially based on the UNCITRAL Model Law. The Civil Procedural Law numbered 6100 regulates domestic arbitration and it is not applicable to international arbitration, unless stated otherwise in International Arbitration Law. Turkey is a… »
Graft Probe Takes Interesting Turn
Introduction The graft probe of December 2013, which involved bribery and corruption allegations against four ministers of state and their family members (for further details please see “Government rocked by waves of corruption”) was concluded at the beginning of 2015 with the dismissal of charges and the release of suspects, despite significant criticism and concerns. However, its impact continues to dominate the news agenda in Turkey, especially as the investigations have… »
Istanbul – Rising Star of International Arbitration
The foundation of the Istanbul Arbitration Centre (IAC), under law no. 6570, which entered into force on 1 January 2015, will contribute to Turkey’s competiveness among the world’s established and popular arbitration centres while providing an impartial, convenient and specialised solution for both domestic and international disputes. To achieve this, Turkey has made significant progress in becoming more arbitration-friendly and making arbitration and ADR methods more… »
Originator Challenges Generic Drug and Ministry Price Reduction Decision
On October 12 2012 a global pharmaceutical company filed a patent infringement action and sought a precautionary injunction against a generic company on the grounds that the generic company had filed an abridged marketing authorisation application for the pharmaceutical which referred to the marketing authorisation dossier of the original product, one of the originator’s most profitable drugs in Turkey. The generic company was an affiliate of a major Turkish group. The patent… »
Appeal Court Rules on Status of Opposed European Patents in Turkey
The 11th Civil Chamber of the Court of Appeals recently issued a remarkable decision regarding European patents validated in Turkey – specifically, on the status of the validation of a European patent in Turkey where an opposition or appeal is pending before the European Patent Office (EPO). The Turkish Patent Institute (TPI) operates a pre-grant opposition system and permits no amendments to a patent after the grant decision. The TPI system conflicts with the EPO system… »
Nuclear Powers Up in Turkey
After decades of trying Turkey’s nuclear power programme is finally getting underway. As the country prepares for a new era of greater energy self-sufficiency, key legislation still needs to be put in place Turkey’s efforts to establish a nuclear energy programme dates back to the 1960s. However, it was not until May 2010 that the country took its most concrete step towards realising its nuclear ambitions, signing an agreement with Russia for the construction of its first… »
Evaluation of the Likelihood of Confusion Between Weak Trademarks
General Assembly of the Civil Chambers of the Court of Appeals, Turkey, Merit No 2013/11 – 52; Decision No 2013/1416, 02 October 2013 In a landmark decision, the Assembly of Civil Chambers has determined that a likelihood of confusion will arise between trade marks by accepting the word ‘diamond’ in trade marks subject to comparison as a fundamental element, although it was descriptive of the goods in respect of which the trade marks were registered and used. This note… »
The Product Regulation and Liability Review, Turkey Chapter, 2nd Edition
I INTRODUCTION TO THE PRODUCT LIABILITY FRAMEWORK In Turkey, there is no specific law on product liability but the provisions related to product liability are set out within various basic codes in Turkey: the Law of Obligations No. 6098 and the new Turkish Consumer Protection Law No. 6502 (the TCP Law), which was published in the Official Gazette on 28 November 2013 and entered into force on 28 May 2014. In addition to the above codes, the Law on the Preparation and… »
Turkey’s Nuclear Ambitions
Turkey’s efforts to bring nuclear energy into its energy mix dates back to the 1950’s. However, it was not until May 2010 that Turkey took its most concrete step towards nuclear power, signing an agreement with Russia for the construction of its first plant. This has been followed by an agreement signed with Japan in May 2013 for the construction of a second nuclear power plant. The Turkish government is also working on different scenarios for the construction of a third… »
Ministry of Health Announces E-pulse Project
Introduction In Communiqué 2015/5, the Ministry of Health recently announced the start of an e-pulse project which aims to provide: improved health services (by reducing the length of diagnosis and treatment); prevent the repetition of unnecessary examinations; and reduce government expenditure. The e-pulse project will in principle allow people to place their digital health data online. When establishing the system, the Ministry of Health, among other things, referred to… »
TPI Recognises Well-Known Status of JAVA Marks
In a decision rendered in January 2015, the Turkish Patent Institute (TPI) has recognised that the JAVA marks are well known in the software sector, and concluded that there was a risk that the application for JAXA (No 2013/97550) could take unfair advantage of, or be detrimental to, the reputation or distinctive character of the JAVA marks. The application for JAXA, which covered all the services in Class 42 of the Nice Classification, was published in the Official Trademark… »