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

EUROPATENT Case Considers Re-examination and Evaluation Board’s Discretion to Examine Absolute Grounds for Refusal

This long-running case went all the way to the Court of Cassation The Trademarks Department had partially refused the application for EUROPATENT on the grounds of descriptiveness and lack of distinctiveness; the board then decided ex officio to refuse the application for all the services applied for, citing additional grounds for refusal The case was analysed under the provisions of the now-repealed Decree Law No 556, which was in force at the relevant date Absolute… »

Turkey's New Trademark Revocation System: Administrative Changes Effective January 2024

Administrative revocation will be possible before the Office as of 10 January 2024. According to Article 9 of the Industrial Property Law No. 6769 (“IPL”), if a trademark is not used in five years as of its registration date or its use is suspended for a consecutive period of five years; it will be vulnerable to revocation due to non-use.   Revocation of trademarks based on non-use were traditionally filed as a court action before the specialized IP courts under the previous… »

OneTrust Data Guidance Turkey - Employment

Beril Yayla Sapan and Begüm Yavuzdogan Okumuş have contributed to Data Guidance Turkey - Employment, which is published by OneTrust. OneTrus Data Guidance Turkey - Employment provides detailed information on employee privacy and data protection regulations in Turkey, covering key legislation, official guidelines, supervisory authorities, and case law. It outlines the absence of a specific employee privacy law in Turkey but emphasizes the importance of the Personal Data… »

Alternative Dispute Resolution System for Disputes Arising From ‘.tr’ Extended Domain Names in Türkiye

Overview On 14 September 2022, TRABIS (‘.tr’ Network Information System) took over the management of ‘.tr’ extended domain names with the Regulation coming into force in Türkiye. According to the Regulation, domain names can be allocated as documented or undocumented. Undocumented allocation is carried out within the framework of the ‘first come, first served’ rule. This rule is applied to domain names with the most commonly used extensions such as ‘.com.tr’, ‘.org.tr’… »

The Decision Of The Constitutional Court On The Administrative Fine Imposed By The Personal Data Protection Board

The Constitutional Court in its decision dated 12.10.2023 and numbered 2020/7518, published in the Official Gazette dated 15.12.2023, determined that the deficiencies in the proceedings against the administrative fine imposed by the Personal Data Protection Board (the “Board”) on a global hotel chain (the “Applicant”), in which the Board determined to have violated its obligations to ensure data security, violated the Applicant’s right to property. Within this framework, the… »

Türkiye's Update: Key Changes in Named Patient Program

Pharmaceuticals not authorized in Turkey or authorized pharmaceuticals not available in the market, shall be procured from abroad as per a special authorization (named patient program) in cases where patients require such pharmaceuticals. While this exceptional import regime for pharmaceuticals was until recently regulated by the Medicines and Medical Devices Agency ("Agency") through guideline, the Regulation on Supply of Pharmaceuticals from Abroad ("Regulation") was… »

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