Turkey Merges Previous IP Related Decree-Laws into a Single Code
The Turkish Patent Institute (TPI) shared die new Draft Industrial Property Code (the Draft Code) with the public at the end of February, collected remarks of the relevant stakeholders on it and the Draft Code has been sent onto the Parliament recently. The Draft Code was introduced to the Turkish domestic law on 24 February 2016. The TPI shared it and allowed the stakeholders to convey their opinions within ten days.The period of consultation finished on 4 March 2016, there… »
General Assembly Resolution with Forged Signature Declared Void
Introduction Pursuant to Article 445 of the Commercial Code (6102/2011), an invalidation action can be filed against general assembly resolutions that conflict with the law, articles of association – in particular, good-faith principles within three months from the date of the resolution. The three-month period does not apply if there is a nullity decision in question. The previous Commercial Code regulated only invalidation cases, whereas general provisions applied to… »
Anti-counterfeiting 2016, A Global Guide, Turkey Chapter
Legal framework Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Accordingly, Trademark Decree-Law 556 is almost fully compliant with TRIPs. There are specialist civil and criminal IP courts in the three largest Turkish cities (Istanbul, Ankara and Izmir). In other cities the regular civil… »
Yargıtay Hukuk Genel Kurulu’nun 02.10.2013 tarihli 2013/11-52E. Ve 2013/1416 K. Sayılı Kararı (‘Diamond Kararı’) ve tanımlayıcı Ibareler içeren Markaların Karıştırılma Ihtimalı Değerlendirilmesi
Özet: Hukuk Genel Kurulu verdiği önemli bir kararda davaya konu iki markanın aynı tanımlayıcı ibareleri taşıyor olmalarından dolayı karıştırılma ihtimali doğuracak kadar benzer olduğuna karar vererek, tanımlayıcı ibarelerin ortak olması nedeniyle iki markanın benzer kabul edilemeyeceğini hükme bağlayan ilk derece Mahkemesinin kararını bozmuştur. Hukuk Genel Kurulunun herhangi bir şekilde marka olarak tescil edilmeleri durumunda tanımlayıcı ibareler ve jenerik adlar üzerinde… »
Turkey is Welcoming the Long Awaited Data Protection Law
While the world was adopting a data-driven economy, Turkey lacked a separate legislation on data protection. Enactment of a data protection law was a real need for Turkey’s EU harmonization process since in the absence of such a regime, Turkey is found to be not adequate in terms of data protection standards. Although enactment of Turkish data protection law used to be on the agenda o the government for long time, it could not come into force until this year. Finally, Law on… »
The Turkish Market Has Long Been Viewed as an Attractive Area for Growth
Turkey has been among the fastest growing insurance markets of its size in Europe. Along with the rapid growth in the Turkish Insurance sector, there have been major changes to the insurance legislation in the last few years. New legislation has improved the regulatory framework and has brought the industry more into line with international practice. Although the top three insurers are Turkey-based, the market as a whole has a high level of foreign investment due to the fact… »