In a recent case concerning trade mark law, the Turkish Court of Appeal ruled that even in cases of bad faith on the part of the defendant, the claimant can face the principle of loss of right due to silence as well as the barrier of abuse of the right to sue.
The decisions
As some readers may be aware, two German companies, Speck Pumpen Verkaufsgesellschaft GmbH and Winter Pumpen GmbH, had a dispute over the SPECK trade mark. This trade mark conflict included some actions…
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Introduction
When the new Code of Civil Procedure was enacted in 2011, it introduced a new case type to Turkish litigation, enabling plaintiffs to file actions for unquantified amounts of receivables, the determination of which is left to the courts. When filing such actions, plaintiffs must:
state the amount of determinable receivables as the minimum amount subject to the dispute;
pay a case fee based on this amount;
extend their claim to the amount calculated by the court;…
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Effects of Covid-19 pandemic on trademarks’ use requirement has been discussed globally and it is also a hot topic in Turkey. In order to discuss its effects, the grace periods provided for trademarks in the Turkish Industrial Property Code (“the IPC”) and justified reasons for non-use will be explained first. After giving an outline of the precautions taken against the Covid-19 pandemic in Turkey, we will provide our comments on the matter.
General Information Regarding the…
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Amendments to Turkish Banking Law No. 5411 in February 2020 introduced important provisions regarding how banks handle confidential customer data. Based on these provisions, the Banking Regulation and Supervision Agency introduced a secondary regulation that was finalized in March, the Regulation on Banks’ Information Technology and Electronic Banking Services. This regulation contains binding provisions related to data processing and transferring of bank…
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Within the scope of the fight against the Covid-19, the provisional article 13, which was added to the Turkish Commercial Code ("TCC") on April 16, 2020, brought some restrictions on the dividend distribution rights of equity companies until 30 September 2020 and the exemptions regarding the companies covered by the regulation, the procedures and principles in relation to the practice were determined by the Communiqué issued by the Ministry of Commerce ("Ministry") and…
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Pursuant to Article 16 of the Data Protection Law, an obligation to register in the Data Controllers Registry has been introduced for data controllers.
In 2018, the Board issued decisions granting exemptions from registration obligation to certain professional groups, associations and political parties. The Board also granted a general exemption to local data controllers that have less than 50 employees, and actively less than TRY 25 million on their balance sheets.
Data…
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