The Presidential Executive Decree No. 85, dated 12 September 2018, amending the Decree No. 32 on the Protection of the Turkish Currency purports to prohibit the [private or public] residents in Turkey from agreeing in their payment obligations in or indexed to foreign currencies in the [private law] contracts between them or in the contracts emanating payment obligations for and in relation to sale and purchase of movable and immovable, all kinds of lease and rentals of…
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With its recent decisions published on the Official Gazette dated August 18th 2018, the Data Protection Board, the regulatory authority on data protection in Turkey (“Board”), has announced additional data controller categories exempt from the obligation to register to the Data Controllers Registry and also set forth the starting dates and deadlines of the obligation to register to the Data Controllers Registry for different categories of data controllers that do not enjoy…
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In accordance with the communiqué on export Revenue published in the past few days, Revenue relating to export transactions carried out by residents in Turkey, will be transferred or brought directly and without delay to the bank which mediates the export after the importer’s payment.
The last regulation regarding the Resolution No: 32 on the Protection of the Value of Turkish Currency has been made with the Communiqué Concerning the Resolution No: 32 on the Protection of the…
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The new Turkish Intellectual Property (IP) Code came into force on January 10, 2017 (as previously reported in the INTA Bulletin on February 15, 2017, Vol. 72, No. 3 and on October 15, 2017, Vol. 72, No. 18), and introduced a major change to Turkish trademark law and practice with respect to the non-use defense in opposition and litigation proceedings. Under the new law, the Turkish Patent and Trademark Office must notify the applicant of an opposition filed against its…
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It is now mandatory to apply for mediation, before certain claims are brought, as follows:
for both employers and employees – claims regarding employee “receivables” and compensation arising from either the Labour Act, the employment agreement, and/or a relevant collective bargaining agreement; and
for employees – claims for re-instatement.
Mandatory mediation is not applicable to claims arising from occupational accidents and diseases.
Where mediation is mandatory, this…
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Kent Gida Maddeleri San ve Tic AS v Nako Iplik Pazarlama ve Ticaret AS, the decision of the Turkish Court of Appeals numbered E. 2016/2539 K. 2017/4808 and dated 27 September 2017
The Turkish Court of Appeals (CoA) has upheld the first instance IP Court’s decision ruling for the invalidation of the ‘Nako Jelibon’ trade mark covering ‘threads’ in Class 23, on the basis that the registration would: (i) negatively affect the distinctiveness of the wellknown ‘Jelibon’ trade mark…
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