COVID-19 Suspended the Enforcement and Bankruptcy Proceedings and the Terms
In scope of the measures taken to prevent COVID-19 outbreak from spreading within our country, the Presidential Decree on Suspension of the Enforcement and Bankruptcy Proceedings dated 21 March 2020 and numbered 2279 (“the Presidential Decree”), which was issued based on Article 330 of the Enforcement and Bankruptcy Act, has entered into force upon publication in the Official Gazette dated 22 March 2020 and numbered 31076. As per this Presidential Decree, all of the… »
COVID-19 Suspended Judicial Terms
The Law on Amendment of Certain Laws No. 7226 entered into force upon publication in the Repeated Official Gazette dated 26 March 2020 and numbered 31080. With the Law No. 7226, the procedural terms will be suspended until 30 April 2020 in order to prevent any loss of rights in regard to trials, due to the measures taken for COVID-19 outbreak. In this respect; Any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing… »
Health Claims for Anti-Coronavirus Products in Advertising
As coronavirus cases continue to spread in Turkey and around the globe, ads for food supplements and food claiming to prevent the effects of the virus have been rampant in every media including TV, radio and internet. Legal authorities competent for ruling and supervising health claims in advertisements launched investigations since some advertisements of food supplements were considered to be unlawful, some food supplements advertised are not even authorized for sale and… »
Is a Minor Difference From a Patented Range Enough to Win an Infringement Case?
There is no explicit rule in Turkish law that covers patent infringement in cases where a product possesses a minor difference from a patented range. Further, Turkish High Court decisions have not shed any direct light on this matter. However, there have been several infringement actions brought before IP courts, wherein a rights holder has alleged that a product, which varies slightly from its patent’s scope of protection, is considered to be infringing. Thus far, the… »
No Separate Claim for Interest Needed When Increasing Value of Claim in Dispute
On 24 May 2019 the Supreme Court General Assembly on the Unification of Judgments (General Assembly) concluded that the plaintiff in a partial monetary action need not reiterate its claim for interest when increasing the value of the claim if it claimed interest for its principal receivables in the plaint petition and the claim of interest will automatically apply for the amount which is increased later on (Decision 2017/8 E, 2019/3 K). Background Partial claim actions are… »
Key Developments and Predictions for Copyright Law in Turkey
Copyright protection is granted under Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) in Turkey. The LIAW entered into force on January 01, 1952, and was amended in the years of 1983, 1995, 2001, 2004, 2007 and, lastly, 2008. The Draft Bill on the Amendment of the Code (the “Draft Bill”) was published for public opinion on May 05, 2017; however, there is currently no indication that this Draft Bill will enter into force in the near future. On the other hand, the… »