A Brief Review of the Karalis Case
Mr. Yannis Karalis (“Plaintiff”), a Greek composer and lyrist who is the copyright owner of the “Eclipse” song, which was released in 1997, brought an infringement action against the famous Turkish singer and lyrist, Ms. Sezen Aksu, as well as against other lyrists and several music record and production companies (“Defendants”) due to their infringing use of the cited song in 2003. The Musical Work Owner’s Society of Turkey (“MESAM”) was also informed and involved in the… »
A Closer Look at the Turkish Court of Cassation’s Supervisory Power and Its Boundaries
The Turkish Court of Cassation has been one of the most important authorities of the Turkish judicial system, which has been on duty since mid-1800s. Since the establishment of the Court of Cassation, it has served as the supreme court of our judicial justice system. But the recent decisions of the Court of Cassation made us question its supervisory power as the supreme court as well as the boundaries of this power. Until the regional courts of appeal were established in… »
Terms of Termination Ban and Unilateral Unpaid Leave Have Been Extended Once Again March 2021
As per the Presidential Decree 3592, published in the Official Gazette (31418) dated 09 March 2021, the termination ban and unilateral unpaid leave have been extended for a further two months as of 17 March 2021. In this regard, the termination ban and unilateral unpaid leave are currently projected to end on 17 May 2021. However, the President is entitled to extend these terms until 30 June 2021. »
IP Court Issues Preliminary Injunction Against Drug in Turkey’s Named Patient Programme
The Istanbul Civil Court for Intellectual and Industrial Rights has granted a preliminary injunction to remove a pharmaceutical product from the foreign drug list of the Turkish Medicines and Medical Devices Agency (TMMDA). The drug was supposed to be supplied via the named patient programme (NPP) and was removed on the grounds of patent infringement. Further, the supplier company has been prevented from directly or indirectly commercialising the product, which includes its… »
Significant Amendments to Preliminary Examination
Civil Procedure Code No. 6100 (“CPC”) entered into force on 01 October 2011 by replacing the former Civil Procedure Code No. 1086. One of the most significant mechanisms introduced by the CPC was preliminary examination. Under Turkish law, first stage of a trial is the initiation of a lawsuit and exchange of petitions, which is followed by the preliminary examination. During the preliminary examination, the court examines the causes of action, initial objections, points of… »
Transfer of Data Abroad
Sensitive and non-sensitive personal data can be transferred abroad if the explicit consent of the data subject is obtained. Furthermore, other legal grounds will also apply to the transfer of personal data to the foreign country. However, the destination country must have “sufficient protection” in order to conclude the transfer abroad based on legal grounds (except for having obtained explicit consent). A list of jurisdictions that provide sufficient protection is to be… »