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Constitutionality of 5% Interest Rate Payment Rule Under Press Labour Law

On 19 September 2019 the Constitutional Court found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. As such, the court repealed this requirement.(1) Background Under Turkish law, journalists are subject to the Press Labour Law 5953, which sets out their employment rights, including their right to a salary. Pursuant to the law, where salary payments are not… »

Regulation on Intellectual Property Academy Enters Into Force

The Intellectual Property Academy was founded by presidential decree in July 2018 The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities In the past years, several concrete and important steps have been… »

The Long Arm of the Privacy Regulation

General Data Protection Regulation (GDPR) has been one of the most important regulations for the companies in Europe and also some of the companies in other countries. However, Europe is not the only jurisdiction with a privacy regulation. Various other countries like Turkey, Japan, South Korea, and Australia have privacy laws. A company located in Europe has to take into account the provisions of both the GDPR and the privacy regulations of other countries where it does… »

Extended deadline for product promotion representatives to obtain certificate of competency

Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency. Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for… »

Turkey Withdraws Declaration Made Under Article 14(5) of Madrid Protocol

WIPO has received a communication from Turkey withdrawing its declaration under Article 14(5) of the Madrid Protocol As of 18 October 2019, Turkey can be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999 It is believed that this development may result only in a slight increase in the number of designations under the Madrid Protocol Turkey joined the Madrid Protocol on 1 January 1999. Since then, it has been… »

Could Use of a Registered Trademark Cause Infringement?

Upon enactment of the new IP Code, which abolished Trademark Decree Law no. 556, the precedent of the Court of Appeals ruling no trademark infringement due to use of a registered right changed. The Istanbul District Court of Appeals affirmed this approach in its decisions. The new IP Code no. 6769 introduced an important change to Turkish trademark law with its article 155 ruling that “a trademark, patent or industrial design holder cannot rely on its registered right as a… »

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