Much to rights holders’ dismay, Article 141 of the Turkish IP Code 6769, which lists acts that constitute patent infringement, does not include actions constituting indirect infringement. However, a provision in Article 86 does give patentees a right to prevent indirect use. This is similar to provisions in Article 60(2) of the UK Patents Act (1977) and Part 10 of the German Patent Law. Article 86, titled as ‘Prevention of the indirect use of the invention’, states that:
The…
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The new provisions concerning social network providers which were brought by the Law Amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts, as also referred to as the Social Media Law in Turkey, entered into force on October 01, 2020.
The new obligations and sanctions introduced for social network providers have remained a hot topic since the latest amendments to the Law No. 5651. Most recently, on…
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At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect.
Minimum wage
In 2020 the monthly minimum wage rate was TL2,943 (gross). As of 1 January 2021, this has increased to TL3,577.50 (gross). The new rate applies from 1 January 2021 to 31 December 2021.
The minimum wage applies to all employees, regardless of age, industry and experience. The…
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In a somewhat controversial decision (Case 2019/5262 E, 2020/3449 K, 2 July 2020, recently published), the Court of Appeals(11 Chamber) has considered the likelihood of confusion between short trademarks.
Background
The case was led before the Ankara Second IP Court (Merits No 2017/139 E, 2017/411 K) by a famous clothing company, Koton Mağazacılık Tekstil Sanayi ve Ticaret Anonim Şirketi (‘Koton’), the owner of the distinctive logo depicted below:
Koton requested the…
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Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law.
Termination prohibition
On 17 April 2020 the Law on Minimising the…
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With three very recent Presidential Decrees published in the Official Gazette (31343) dated 23 December 2020 and the Official Gazette (31350) dated 30 December 2020:
the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 January 2021, have been extended until 17 March 2021, and
In regard to short-time working practices implemented in scope of COVID-19:
the term set out for the short-time working allowances granted to workplaces which…
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