Amendments to the Communiqué with respect to Capital Loss and Negative Equity
The Communiqué Amending the Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 (the "Amending Communiqué”) was published in the Official Gazette on December 26, 2020, and entered into force on the same date. Article 376 of the Turkish Commercial Code (the “TCC”), which is also known as the provision for technical bankruptcy, provides mandatory measures to be taken by companies in the event of capital… »
Amendments to the Turkish Commercial Code
The Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction No. 7262 (the “Law No. 7262”) was published in the Official Gazette No. 31351 on December 31, 2020. Although the Law in general sets forth the principles related to implementation of the sanctions of the United Nations Security Council regarding prevention of financing of proliferation of weapons of mass destruction, the same legislation also introduces certain amendments to the… »
First Precautionary Injunction Granted in Turkey to Prevent Indirectuse of a Drug Patent
Much to rights holders’ dismay, Article 141 of the Turkish IP Code 6769, which lists acts that constitute patent infringement, does not include actions constituting indirect infringement. However, a provision in Article 86 does give patentees a right to prevent indirect use. This is similar to provisions in Article 60(2) of the UK Patents Act (1977) and Part 10 of the German Patent Law. Article 86, titled as ‘Prevention of the indirect use of the invention’, states that: The… »
Advertising Bans on Social Network Providers in Turkey and Next Steps
The new provisions concerning social network providers which were brought by the Law Amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts, as also referred to as the Social Media Law in Turkey, entered into force on October 01, 2020. The new obligations and sanctions introduced for social network providers have remained a hot topic since the latest amendments to the Law No. 5651. Most recently, on… »
Changes to Minimum Wage, Severance Payments and Administrative Fines for 2021
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect. Minimum wage In 2020 the monthly minimum wage rate was TL2,943 (gross). As of 1 January 2021, this has increased to TL3,577.50 (gross). The new rate applies from 1 January 2021 to 31 December 2021. The minimum wage applies to all employees, regardless of age, industry and experience. The… »
Court of Appeals Finds Likelihood of Confusion Between Short Marks in Surprising Decision
In a somewhat controversial decision (Case 2019/5262 E, 2020/3449 K, 2 July 2020, recently published), the Court of Appeals(11 Chamber) has considered the likelihood of confusion between short trademarks. Background The case was led before the Ankara Second IP Court (Merits No 2017/139 E, 2017/411 K) by a famous clothing company, Koton Mağazacılık Tekstil Sanayi ve Ticaret Anonim Şirketi (‘Koton’), the owner of the distinctive logo depicted below: Koton requested the… »
Are Mutual Termination Agreements Covered by the COVID-19-Related Termination Prohibition?
Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law. Termination prohibition On 17 April 2020 the Law on Minimising the… »
Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again
With three very recent Presidential Decrees published in the Official Gazette (31343) dated 23 December 2020 and the Official Gazette (31350) dated 30 December 2020: the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 January 2021, have been extended until 17 March 2021, and In regard to short-time working practices implemented in scope of COVID-19: the term set out for the short-time working allowances granted to workplaces which… »
Sanctions Lined up for Social Network Platforms in Turkey
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Law No: 5651") known as Social Media Law in Turkey was published in the Official Gazette on July 31, 2020 and became effective as of October 01,2020. Information and Communication Technologies Authority (ICTA), as the competent authority, published the secondary regulation providing further clarification on October 02, 2020. The newly… »
COVID-19: Temporary Ban on Distribution of Promotional Materials Lifted
On 17 November 2020, the Turkish Medicines and Medical Devices Agency announced (Turkish language) that physical promotional materials could be provided during visits to physicians, dentists and pharmacists, on their request, in accordance with hygiene rules. A prohibition on physical promotional materials being provided by promotion representatives during visits to physicians, dentists and pharmacists was introduced by the Agency on 5 June 2020 as part of its actions aimed… »
Employing a Trademark As a Domain Name Is Not Genuine Use
The first instance Civil Court for Intellectual and Industrial Rights (IP court) in its decision rendered in October 2020 pointed out that the use of the subject mark as a domain name solely is not deemed sufficient to prove the use of the mark as a trademark. The decision concerns a revocation action due to non-use filed against a trademark which has been registered for more than five years, but has not been used properly and effectively on the relevant services within the… »
Arbitration and Virtual Hearings
Introduction At the beginning of COVID-19 pandemic, the world came to a halt, and it had to adjust its day-to-day needs to the present time. Governments adopted dramatic precautions to prevent the transmission of COVID-19: schools were closed, businesses were shut down, curfews were declared, and travel restrictions were adopted. One thing all these measures had in common was that they created greater challenges to holding in-person meetings. This undeniably impacted… »