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

A New Turkish IP Law – How Will it Affect

On 24 February 2016 the Turkish Ministry of Science, Industry and Technology circulated the draft IP Law on the website of the Turkish Patent Institute (TPI), inviting comments and suggestions. The draft law seeks to replace the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs, all of which date back to 1995, by bringing all those rights together within the ambit of a single Code. It mainly incorporates provisions already… »

Turkey Plans New Trade Mark Law

On 24 February 2016 Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Law on the website of the Turkish Patent Institute (TPI) as part of a consultation exercise. The intention of the Turkish government is to replace the current Decree-laws on the protection of trade marks, patents, geographical indications and designs — which date back to 1995 — with a single consolidating and amending Code. The trade mark chapter includes changes which seek to… »

Turkish Involvement in Foreign Corrupt Practices Act Investigations

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Introduction Turkey stands out as a target market for foreign companies that want to expand their global reach, due to its geographical location, growing population and economy. Foreign companies investing in Turkey often establish subsidiaries through corporate structures in which officers have dual responsibilities and control over the parent company and the subsidiary. In other cases, companies may choose to run their business organisations with the help of third-party… »

Apples and Oranges: Uncontested Invoices and Binding Contracts

Introduction The answer to the question of whether invoices can create legally binding contracts is generally no; an invoice does not constitute a contract by itself. However, the issue becomes tricky when the recipient has not objected to the content of an invoice or has recorded it in its accounting books. In that case, the legal presumptions that apply to the evidentiary status of invoices and accounting books can indicate that the invoice and the product or service… »

Turkey a Rising Star in Pharmerging Market

MARKET GROWTH FORECASTS The forecasts draw an optimistic picture. The global pharmaceutical market is expected to grow at a 4-6% compound annual growth rate (CAGR) in developed markets and 7-9% CAGR in pharmerging markets by 2019. The market size for Turkey stood at $6.2 billion in 2014 and is expected to grow to $10.9 bn until 2019. MARKET ACCESS Article 15 of the Licensing Regulation issued by the Turkish Ministry of Health (MoH), in parallel with the European Directive… »

Uncertainty Regarding Legal Status of Social Security Institution’s Reimbursement Commission (1)

Introduction On June 19 2015 the 15th Chamber of the Council of State stayed the execution of the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission (July 3 2014). However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015. Accordingly… »

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