fbpx

Insights

We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Implementation of the Limitation of Goods and Services by the Turkish Patent and Trademark Office

The office provides an opportunity to limit the list of goods/services in terms of international trademark applications filed via WIPO However, it does not allow applicants to limit goods and services when it comes to national trademark applications This controversial approach eliminates a method commonly used by applicants to avoid potential disputes Limitation of goods/services The Turkish Patent and Trademark Office (‘office’) applies the Nice Classification for the… »

Corporate Governance and Directors Duties in Turkey Overview

The Q&A gives a high-level overview of corporate governance trends; the main forms of corporate entity used; the corporate governance legal framework; corporate social responsibility and reporting; board composition and restrictions; directors' remuneration; management rules and authority; directors' duties and liabilities; transactions with directors and conflicts; disclosure of information; shareholders' rights, company meetings, and minority shareholder action; and… »

DELPHI v DEPLHI: PTO’s Decision Sheds Light on Interpretation of Bad Faith

Delphi Technologies opposed the registration of DEPLHI in Classes 1, 3 and 4 based on its earlier mark DELPHI The board found that the goods covered by the application were similar and related to the goods/services covered by the earlier mark, as they were all used in the auto spare parts sector ‘Delphi’ has no meaning in Turkish and it was unlikely that this word would have been chosen as a trademark as a coincidence In a recent decision, the Re-examination and Evaluation… »

Countdown to Revocation Requests at The TPTO

In one year’s time, trade mark revocation proceedings will be possible before the Turkish Patent and Trademark Office (TPTO). Güldeniz Doğan Alkan and Cansu Evren discuss the changes. Article 26 of the IP Code After years of proceeding with a Decree Law, the Intellectual Property Code no. 6769 entered into force in Turkey on 10 January 2017. Article 26 of the IP Code regulates the revocation of a trade mark registration. It foresees that the trade mark shall be revoked in the… »

Determination of Evidence in Disputes Over Pharmaceutical Patents

Introduction The determination of evidence, one of the most important temporary legal protection measures regulated in Turkish law, is an institution that ensures the protection of evidence which will assist in proving the matter in question. Considering that the adversarial trial process is adopted in Turkish civil procedure law, the significance of the rights holder being able to have the evidence that will help them prove themselves effectively determined is clear.… »

New e-commerce Regulation Sets Out Details of Takedown Procedure For Infringing Content

A new regulation complementing Law No 7416 on e-commerce came into effect on 1 January 2023 The regulation clarifies the takedown procedure upon receipt of a legitimate complaint by an IP rights holder While this will help rights holders to take down infringing products quickly, ambiguities regarding the procedure may still create problems in practice Background A new law on e-commerce (No 7416), which was published in the Official Gazette dated 7 July 2022, came into… »

Changes to Minimum Wage, Severance Payments and Administrative Fines in 2023

At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2023 changes, which came into effect on 1 January 2023. Minimum wage In 2022 the monthly minimum wage rate was 5,004 Turkish liras (gross), which was increased to 6,471 Turkish liras (gross) as of 1 July 2022. As of 1 January 2023, this has increased to 10,008 Turkish liras (gross). The minimum wage… »

Developments in the Obligation of Registration to Data Controllers’ Registry

In accordance with Personal Data Protection Law No. 6698 (the “DPL”) and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). In terms of the private sector, periods regarding the registration obligation has expired as of 31.12.2021 for (i) data controllers located outside of Turkey, (ii) data controllers having more than 50 employees annually or an annual balance sheet with a value… »

The Guideline for Environmental Claims in Advertising Has Been Published

The Guideline for Environmental Claims in Advertising (“Guideline”), enacted by the Advertisement Board at the meeting dated 13.12.2022 and numbered 328, has been published. The purpose of the Guideline is to inform persons, institutions and organizations on legal compliance of their environmental claims contained in commercial advertisements and commercial practices conducted by advertisers, advertisement agencies and media organizations.   Highlights of the Guideline… »

What The Plausibility Requirement Means For Turkish IP Law

Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term. However, the… »

The Euro Value Applied to Pharmaceutical Prices was increased by 36.77%

On 14 December 2022, the presidential decree numbered 6546 (“Decree”) amending the Decision on Pricing of Medicinal Products for Human Use (“Decision”) was published in the Official Gazette numbered 32043.  With the provisional clause added to the Decision, the effective date of the changes made in real source price or ex-factory price as per Article 10 of the Communique on the Pricing of Medicinal Products for Human Use, was determined to be the publication date of this… »

State Council’s Decision on the Rules and Procedures Regarding Experts at Insurance Arbitration Commission

Article 16(12) of the Regulation on Insurance Arbitration ("the Regulation") stipulates that arbitrators can decide to get the opinion and vote of an expert upon the request of one of the parties or ex-officio, if the case requires special or technical knowledge which falls outside of legal expertise. Board of Directors of the Insurance Arbitration Commission issues a list of experts for the arbitrators to apply each year as per the rules set out by the Turkish Insurance and… »

Stay Informed

Subscribe to stay up to date on the latest legal insights and events of your choice.