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We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Short Marks Composed of Four Letters With Different Last Two Consonants Held to be Confusingly Similar

The Ritz Hotel Limited & The Ritz-Carlton Hotel Company, LLC v Sami Yorulmaz, 27.09.2016, 2016-M-7845 (finalized early 2017). Re-Examination and Evaluation Board of the Turkish Patent and Trade Mark Office In this landmark decision, the Re-Examination and Evaluation Board (‘Board’) of the Turkish Patent and Trade Mark Office (‘Office’) concluded that, in some cases, one of the elements creating the mark can have a greater effect on average consumers. Thus these elements… »

Amendment of Regulation Regarding Employee Consent for Overtime

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Overtime legislation Overtime in Turkey is regulated by Article 41 of the Labour Act (4857) and the Regulation on Overtime. According to the Labour Act, employee consent is required for overtime. Before the recent amendment was introduced, overtime was regulated by the Regulation on Overtime, under which employers were obliged to obtain the written consent of employees for overtime at the beginning of each year. However, the obligation of receiving employee consent annually… »

Life Sciences Newsletter, December 2017

Regulation on Processing of Health Data amended Dicle Doğan, Fatma Sevde Tan, Gun + Partners On 24 November 2017, the Ministry of Health issued amendments (Turkish language) to the Regulation on the Processing of Health Data and the Maintenance of Privacy. The Ministry of Health issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (Regulation) on 22 October 2016, following the Law on Protection of Personal Data (Law) dated 7 April 2016. On 6… »

Code of Civil Procedure Amendments Aim to Improve Functioning of Regional Appellate Courts

On July 20 2016 regional appellate courts were established and a new three-tier court system started to be applied for first-instance judgments. Under the three-tier system, first-instance judgments can be appealed before the regional appellate courts where compliance with laws, as well as merits of the case, are examined and – if necessary – a second trial is conducted. In principle, regional appellate court decisions can be appealed before the Court of Cassation. Due to the… »

Reform, Change and Challenges in Turkey’s Reinsurance Market

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Market reforms and big-ticket investments in the construction and energy sectors, especially nuclear and renewable energy, have provided enormous market opportunities for Turkey’s insurance sector. A maturing SME sector, the rise of trade credit products and health insurance have all opened new possibilities for the sector. Meantime, the reinsurance market has grown at about 20% in local currency terms in 2015 even as currency pressures have exerted a negative impact. Even… »

Turkey Introduces New Regulation on Code of Conduct and Discipline of Patent and Trademark Attorneys

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The Turkish Patent and Trademark Office (the Office) published the Regulation on the Code of Conduct and Discipline of Patent and Trademark Attorneys on May 18, 2017, following the entry into force of the Industrial Property Code on January 10, 2017. Article 30/A of the Law of the Establishment and Functions of the Turkish Patent and Trademark Office no. 5000, which was introduced by Article 182 of the IP Code, sets forth that disciplinary sanctions shall be exercised against… »

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