Turkey Residents’ FX Contracts Are Prohibited
The Presidential Executive Decree No. 85, dated 12 September 2018, amending the Decree No. 32 on the Protection of the Turkish Currency purports to prohibit the [private or public] residents in Turkey from agreeing in their payment obligations in or indexed to foreign currencies in the [private law] contracts between them or in the contracts emanating payment obligations for and in relation to sale and purchase of movable and immovable, all kinds of lease and rentals of… »
Board Decisions on the Obligation to Register to the Data Controllers Registry
With its recent decisions published on the Official Gazette dated August 18th 2018, the Data Protection Board, the regulatory authority on data protection in Turkey (“Board”), has announced additional data controller categories exempt from the obligation to register to the Data Controllers Registry and also set forth the starting dates and deadlines of the obligation to register to the Data Controllers Registry for different categories of data controllers that do not enjoy… »
Obligation to Bring Export Revenue to Turkey
In accordance with the communiqué on export Revenue published in the past few days, Revenue relating to export transactions carried out by residents in Turkey, will be transferred or brought directly and without delay to the bank which mediates the export after the importer’s payment. The last regulation regarding the Resolution No: 32 on the Protection of the Value of Turkish Currency has been made with the Communiqué Concerning the Resolution No: 32 on the Protection of the… »
International Registrations Subject to Disparate Treatment in Opposition Proceedings
The new Turkish Intellectual Property (IP) Code came into force on January 10, 2017 (as previously reported in the INTA Bulletin on February 15, 2017, Vol. 72, No. 3 and on October 15, 2017, Vol. 72, No. 18), and introduced a major change to Turkish trademark law and practice with respect to the non-use defense in opposition and litigation proceedings. Under the new law, the Turkish Patent and Trademark Office must notify the applicant of an opposition filed against its… »
Mandatory Mediation
It is now mandatory to apply for mediation, before certain claims are brought, as follows: for both employers and employees – claims regarding employee “receivables” and compensation arising from either the Labour Act, the employment agreement, and/or a relevant collective bargaining agreement; and for employees – claims for re-instatement. Mandatory mediation is not applicable to claims arising from occupational accidents and diseases. Where mediation is mandatory, this… »
Turkish Court of Appeals Grants Protection to Well-Known ‘JELIBON’ Trade Mark Despite Its Original Lack of Distinctiveness
Kent Gida Maddeleri San ve Tic AS v Nako Iplik Pazarlama ve Ticaret AS, the decision of the Turkish Court of Appeals numbered E. 2016/2539 K. 2017/4808 and dated 27 September 2017 The Turkish Court of Appeals (CoA) has upheld the first instance IP Court’s decision ruling for the invalidation of the ‘Nako Jelibon’ trade mark covering ‘threads’ in Class 23, on the basis that the registration would: (i) negatively affect the distinctiveness of the wellknown ‘Jelibon’ trade mark… »
International Health Services Incorporated Company Established
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 3 August 2018, an amendment (Turkish language) was made in the Decree Law on Some Regulations in the Field of Health, establishing the International Health Services Incorporated Company (USHAŞ). The purpose of the company is to facilitate health tourism in Turkey. All shares of USHAŞ shall be owned by Ministry of Treasury and Finance. The duties of USHAŞ are to: Promote the services offered in Turkey in the field of… »
Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32
Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32 Introduction Under Turkish law, contracting parties should be bound by the terms and conditions of the contract under the sanctity of contract principle. However, following the conclusion of a contract, a change in circumstances may affect the performance of contractual obligations and applying the sanctity of contract principle could be against the… »
TPTO Refuses Trade Mark Solely due to Bad Faith
When evaluating bad faith claims, the Turkish Patent and Trademark Office (TPTO) considal matters, but predominantly if the trade mark is an original sign that was created by a prior right holder. In a recent decision, the Office made an exemplary decision concerning bad faith. The trade mark Carducci is owned by House of Monatic (Pty) Limited of Republic of South Africa. The stylised sign was first created in 1978, yet the firm does not have an earlier registration in… »
Attorney-client Privilege in the Context of Internal Investigations
Attorney-client privilege is widely debated, as its interpretation is difficult in cross-border litigation and investigations. This update aims to: shed light on the relevant legal provisions under Turkish law; draw the boundaries of the concept; and highlight its relevance to white collar crime. The Advocate Law of 19 March 1969 (1136) regulates attorney-client privilege for attorneys. According to Article 36 of the Advocate Law (“Right to Keep Secrets”) attorneys cannot… »
FICPI-Turkey Third Roundtable Meeting – May 2018
FICPI-Turkey arranged its third roundtable meeting on “Conflict of interest” principle, on interpretation of which patent and trademark attorneys have questions, following the enforcement of the Regulation on the Code of Conduct and Discipline of Turkish Patent and Trademark Office for Patent Attorneys and Trademark Attorneys (hereinafter referred to as “the Regulation”). The Board of Directors of FICPI-Turkey has chosen this subject following observations at the seminars… »
Social Security Institution announcement on procurement of pharmaceuticals from abroad
Social Security Institution announcement on procurement of pharmaceuticals from abroad Dicle Doğan and Can Tabak, Gün + Partners On 29 June 2018, the General Directorate of General Health Insurance of the Social Security Institution (SSI) published an announcement (Turkish language) on the Procurement of Pharmaceuticals from Abroad by Ibn-i Sina Health and the Social Security Center. The announcement stated that: Non-approved or unavailable pharmaceuticals, destined for a… »