Latest Development on Data Localization Requirements in Turkey
The Information Technologies and Communication Authority in Turkey published two decisions regulating embedded SIM technologies that have generated a buzz in the country, especially the SIM card localization requirement for e-call systems, which prevent permanent roaming, in vehicles. The country’s automotive industry has been the most affected by the decisions as they have effectively prevented new vehicles from being imported into the country. The first decision regulates… »
Registration Obligation for Medical Devices Sold with Pharmaceuticals
On 27 November 2019, the Medicines and Medical Devices Agency (“Agency”) published an announcement on a registration obligation for medical devices sold with pharmaceuticals. The announcement is prepared by the Agency’s Medical Device Registry and Coordination Department which deals with registry and monitoring of the medical devices by Product Tracking System (“UTS”). Medical device notification procedures, product movements and other related works and transactions are… »
Is the De Minimis Difference Principle Enough to Win a Case for Patent Infringement?
There is no explicit rule in Turkish Law governing the de minimis principle. There have also not been any settled precedents in the Turkish High Court to shed any direct light on this small but important legal principal. However, there have been several infringement actions in the IP courts where the Patentee has alleged that a product differing from the Patent’s scope of protection with trifling, de minimis differences, may still infringe the Patent. The Turkish IP Court’s… »
Non-Use Defence in Litigation Proceedings before Turkish Courts: Special Emphasis on Pharmaceutical Trademarks!
Both the Industrial Property Code No. 6769 (“the IPC”) and the Regulation on the Implementation of the IPC (“the Regulation”) were published and entered into force in 2017, uniting all IP rights in one Code which were priorly regulated by different decree-laws. Article 25/7 of the IPC regulates invalidation actions and Article 29/2 regulates infringement actions regarding trademarks. Both articles refer in their last paragraphs to Article 19 foreseeing the procedures for the… »
Constitutionality of 5% Interest Rate Payment Rule Under Press Labour Law
On 19 September 2019 the Constitutional Court found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. As such, the court repealed this requirement.(1) Background Under Turkish law, journalists are subject to the Press Labour Law 5953, which sets out their employment rights, including their right to a salary. Pursuant to the law, where salary payments are not… »
Regulation on Intellectual Property Academy Enters Into Force
The Intellectual Property Academy was founded by presidential decree in July 2018 The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities In the past years, several concrete and important steps have been… »