An Overview of Turkish Data Protection Rules from Criminal Law Perspective
When the Turkish Data Protection Act entered in force back in 2016, it provided a two-year period for data controllers to bring their data protection policies in conformity with the new law. Since the April 7 expiry of this transition period there has been a boom in the area of data protection similar to what has recently happened in Europe with the General Data Protection Regulation’s entry into force. Although it seems for the time being that the focus is mostly on this… »
New Presidential Government System Brings Changes to Patent and Trademark Office's Legal Framework
Decree-Law No 703 revoked most articles of Law No 5,000 on Establishment and Functions of Patent and Trademark Office This created some ambiguity as to legal basis for office’s existence Presidential Decree No 4 re-established Patent and Trademark Office With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of Decree-Law No 703 revoked all the provisions of Law No… »
Registration No Longer Constitutes Legitimate Use Defence in Turkey
Turkey has welcomed the new Intellectual Property Code (the IP Code) numbered 6769. This came force on January 10 2017. One of the major changes in the new IP Code is an explicit provision in Article 155 preventing later dated IP registrations being submitted as a defence in infringement actions. Before the IP Code, there was established case law from the Court of Appeals stating that use of a registered IP right could not be prevented until the invalidation of the right was… »
Life Sciences Newsletter, June 2018
Increase in Euro exchange rate set for pharmaceuticals Dicle Doğan and Nehir Aydeniz, Gün + Partners The Euro exchange rate set for the pricing of medicines is to increase by 2.5% for some products due to the introduction of a new article in the Council of Ministers’ Pricing Decree. Prices for medicines will also increase due to changes made to mandatory discounts that are applied to purchases of some categories of medicines made by the Social Security Institution (SSI). The… »
Supreme Court Rules that Borrowing Money from Customer is Just Cause for Termination
The Supreme Court recently issued a decision concerning an employee’s dismissal for borrowing money from their employer’s customer. The Supreme Court reversed the first-instance labour court decision and ruled that the termination was lawful based on the fact that the employee had acted against the rule of integrity and honesty and damaged the employer’s reputation. Facts The employee worked as a medical representative and went to another city in eastern Turkey for work… »
Significant Amendments to Enforcement and Bankruptcy Law Introduced
Introduction The Law amending the Enforcement and Bankruptcy Law and Other Laws (the Amendment Law) was published in the Official Gazette 30361 and entered into force on 15 March 2018. The most significant amendments introduced to the Enforcement and Bankruptcy Law are: the abrogation of the postponement of bankruptcy procedure; and the adoption of a more efficient and functional structure for the composition with creditors procedure, which is a court-approved agreement… »