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… »
New Presidential Government System Brings Changes to Patent and Trademark Office’s Legal Framework
Most of the articles of Law No 5,000 on the Establishment and Functions of the Turkish Patent and Trademark Office were revoked by Decree-Law No 703, which was published in the Official Gazette (No 30473 3rd bis) on 9 July 2018 within the framework of the adaptation to the new presidential government system. With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of… »