Turkey’s BTK Imposes Data Localization Requirements on E-SIM Technologies
On March 28, Turkey’s Information Technologies and Communication Authority, the Bilgi Teknolojileri ve İletişim Kurumu, published its decision(dated Feb. 12, 2019) on remote programmable e-SIM technologies imposing localization requirements on e-SIM technologies and prohibition of permanent roaming is once again clarified. The decision also refers to the previous decision of the BTK regarding e-call systems (dated Jan. 22, 2018). In its previous decision, the BTK indicated… »
What If Your Unquantified Amount of Monetary Claim is in Fact Quantifiable?
Introduction When the new Code of Civil Procedure (CCP) was enacted in 2011, it introduced a new case type to Turkish litigation where plaintiffs file an action for receivables for an unquantified amount that is left to the courts to determine subject to dispute. When filing such actions, plaintiffs: state the amount of determinable receivables as the minimum amount subject to dispute; pay a case fee based on this amount; and extend their claim to the amount calculated by… »
EU Requests Consultation before The WTO on Turkey’s Localisation Policy
On April 2, 2019, the European Union (“EU”) requested a consultation before the World Trade Organisation (‘WTO’) regarding measures adopted by Turkey in relation to the production, importation and marketing of pharmaceutical products, which are claimed to be non-compliant with international agreements. Background Following the announcement of the Structural Transformation Programme Action Plan for Healthcare Industries by the Prime Minister Ahmet Davutoğlu on November 7… »
Choice of Foreign Law in Contracts to be Concluded Between Turkish Citizens
Nowadays, Turkish real persons and/or legal entities may have a tendency to choose foreign law as applicable law to their contracts. There could be several reasons for such tendency. In particular, contracting legal entities’ being members of global group companies and certain contracts’ being drafted earlier as template in line with the policy of such group lead to choice of foreign law. Likewise, there could be cases where the chosen foreign law is deemed by the contracting… »
FICPI Turkey – Roundtable Meeting on the Similarity of Goods and Services
FICPI – TURKEY arranged its fifth roundtable meeting on how goods/services similarity concept is interpreted in the doctrine of trademark law and also by the Turkish Patent and Trademark Office (“Office”) and the Courts and how the foreign courts and trademark offices practise on this matter. Ms. Yasemin Kenaroğlu, who is a member the Board of Directors of FICPI – TURKEY, moderated the meeting accompanied by Assoc. Prof. Dr. Ali Paslı. 24 participants were present at the… »
Protecting Non-Traditional Trademarks
Non-traditional trademarks refer to marks which are not traditionally perceived as trademarks. Some examples are colour, sound, motion, position and 3D views of products etc. Non-traditional trademarks are not specifically described in the Turkish Industrial Property Code (the IP Code) which came into force on January 10 2017 in Turkey. Since there is no special provision in the code regarding the registration of non-traditional trademarks, the principles pertaining to the… »