Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 3 August 2018, an amendment (Turkish language) was made in the Decree Law on Some Regulations in the Field of Health, establishing the International Health Services Incorporated Company (USHAŞ). The purpose of the company is to facilitate health tourism in Turkey. All shares of USHAŞ shall be owned by Ministry of Treasury and Finance.
The duties of USHAŞ are to:
Promote the services offered in Turkey in the field of…
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Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32
Introduction
Under Turkish law, contracting parties should be bound by the terms and conditions of the contract under the sanctity of contract principle. However, following the conclusion of a contract, a change in circumstances may affect the performance of contractual obligations and applying the sanctity of contract principle could be against the…
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When evaluating bad faith claims,
the Turkish Patent and Trademark Office (TPTO) considal matters, but predominantly if the trade mark is an original sign that was created by a prior right holder. In a recent decision, the Office made an exemplary decision concerning bad faith.
The trade mark Carducci is owned by House of Monatic (Pty) Limited of Republic of South Africa. The stylised sign was first created in 1978, yet the firm does not have an earlier registration in…
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Attorney-client privilege is widely debated, as its interpretation is difficult in cross-border litigation and investigations. This update aims to:
shed light on the relevant legal provisions under Turkish law;
draw the boundaries of the concept; and
highlight its relevance to white collar crime.
The Advocate Law of 19 March 1969 (1136) regulates attorney-client privilege for attorneys. According to Article 36 of the Advocate Law (“Right to Keep Secrets”) attorneys cannot…
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FICPI-Turkey arranged its third roundtable meeting on “Conflict of interest” principle, on interpretation of which patent and trademark attorneys have questions, following the enforcement of the Regulation on the Code of Conduct and Discipline of Turkish Patent and Trademark Office for Patent Attorneys and Trademark Attorneys (hereinafter referred to as “the Regulation”). The Board of Directors of FICPI-Turkey has chosen this subject following observations at the seminars…
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Social Security Institution announcement on procurement of pharmaceuticals from abroad
Dicle Doğan and Can Tabak, Gün + Partners
On 29 June 2018, the General Directorate of General Health Insurance of the Social Security Institution (SSI) published an announcement (Turkish language) on the Procurement of Pharmaceuticals from Abroad by Ibn-i Sina Health and the Social Security Center.
The announcement stated that:
Non-approved or unavailable pharmaceuticals, destined for a…
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