Extraordinary Times
As the developments frequently makes headlines in international media we, the Turkish people, have been living in extraordinary times since the 15 July 2016 military coup attempt. Whilst it was generally known that members of a faith-based movement had worked their way up the ranks of almost all state institutions and secured the key decision making posts, we all trusted in their good intentions for our nation and the country. The judiciary was the most infiltrated, we had… »
Shining Light on Turkey’s New IP Code
Turkey’s Industrial Property Code No 6769 (“the IPC”) was published in the Official Gazette and came into force on 10 January 2017. The IPC abolished the Decree Laws on the protection of trademarks, patents, geographical indications (“GIs”) and designs by unifying them into a single code. One of the main aims of the IPC is providing compliance with developments in EU IP law. At this point, in addition to unifying and harmonising the existing… »
Telecoms and Media 2017, Turkey Chapter
Communications policy 1 Regulatory and institutional structure Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services? The main legislation governing the communications sector is the Electronic Communications Law numbered 5809 and dated November 05, 2008. (the “ECL”). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to… »
Protection of Traditional Product Names under the New IP Code No. 6769
Abstract Partners Uğur Aktekin and Güldeniz Doğan Alkan examine the reach of Turkey‘s new IP Code and its impact on traditional product names. Analysis The Industrial Property Code No. 6769 (the IPC) was published in the Official Gazette and came into force on 10 January 2017. The IPC abolished the Decree-Laws on the protection of Trademarks, Patents, Geographical Indications (GIs) and Designs by unifying them into a single code. One of the main aims of the IPC is… »
IP Court Accepts Patent Infringement Action Against Global Medical Device Company
In September 2015 a global medical device company filed a patent infringement action and requested a preliminary injunction against a local company for the immediate prohibition of the production and sale of medical devices on the grounds that the local company was infringing the originator company’s registered patent with its medical devices. Before filing the action, the patent practice team worked with a European patent attorney and a reputable professor working on medical… »
Plain Packaging: An Overview
Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation. The Ministry of Health added a provision in relation to standardised packaging to the draft omnibus bill in… »
Supreme Court Opines on Valid Grounds for Termination
Introduction In April 2017 the Supreme Court issued a decision concerning an employee’s dismissal on the grounds of (among other things) recording a conversation with his supervisor ‒ a regional director ‒ without his consent. The Supreme Court reversed the decision of the first-instance labour court and ruled that the termination was lawful based on the fact that the employee had been handling personal business during working hours without authorisation and had secretly… »
Competition 2017 in Turkey
1. Which transactions are subject to notification to the Turkish Competition Authority under the Turkish merger regime? The Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Authorization of the Competition Authority (“Communiqué No. 2010/4”), entered into force on 01 January 2011, sets out the types of mergers and acquisitions that require notification the Turkish Competition Authority (“the TCA”) for permission and legal validity. Article 5 of Communiqué No.… »
New Regulation on Time Limits for Completion of Legal Proceedings
The Regulation on the Determination and Enforcement of Target Investigation, Prosecution or Trial Periods was published in the Official Gazette (30105) on June 23 2017. It was enforced by the Ministry of Justice and will enter into force on September 1 2017. The regulation sets out the rules and procedures for determining the specific periods in which legal proceedings must be completed, thus ameliorating the judicial process. It applies to investigations, prosecutions and… »
New Energy Drinks Communique Prohibits Sale of Energy Drinks to Under 18s
On June 30 2017 the Ministry of Food, Agriculture and Livestock published the Food Codex Energy Drinks Communique 2017/4 in the Official Gazette (30110). The communique introduces significant amendments to the market supply, advertising, labelling and sale of energy drinks. The communique maintains the same component ratios for energy drinks as the abrogated communique. The supply and advertisement of energy drinks are prohibited in sports facilities, school cafeterias and… »
Analysis on The Corruption Perception in Turkey
Turkey is the 75th least corrupt nation out of 176 countries, according to the 2016 Corruption Perception Index published by Transparency International. This index measures perception of corruption in the public sector, and Turkey was placed as the 13th country in the G20. Although the legal landscape in Turkey regarding anti-corruption and anti-bribery has undergone serious changes in the past two decades, and Turkey has shown considerable efforts to comply its local laws… »
Anti-Counterfeiting 2017 in Turkey
1. Is the Turkish legal infrastructure sufficient for anti-counterfeiting? Yes. Turkey has signed almost all international intellectual property agreements -including TRIPS signed by and between the members of the World Trade Organization which aim to harmonize its legal infrastructure targeting anti-counterfeiting and fighting the illicit trade- and has been acting in compliance with the said agreements. As of today; the Industrial Property Law No. 6769, the Law No. 5846 on… »