Termination ban and unilateral unpaid leave came into force for the first time with the Law on Minimizing the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (“the Amendment Law”) published in the Official Gazette (31102) on 17 April 2020.
With the Amendment Law, termination of all employment contracts, regardless of being under the scope of the Turkish Labour Act or not, were prohibited for three months…
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The Turkish Court of Cassation (the CoC) issued several decisions regarding pharmaceutical trade marks during 2020. This paper aims to provide the details of the CoC’s several finalized decisions on pharmaceutical trade marks and to remark on their importance.
Samumed v Sanimed
Decision No: 2020/273 K.., 1 January 2020
A trade mark application SAMUMED covering all goods in class 5 was filed before the Turkish Patent and Trademark Office (the Office) and was rejected upon a…
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Developments for Local Storage in Turkey
Introduction and Executive Summary
The National Cyber Security Strategy and Action Plan (2020-2023) was published by the Ministry of Transport and Infrastructure on December 29, 2020. It was emphasized for critical infrastructures that issues such as keeping domestically produced data within the country will play a key role in studies to be carried out to protect such infrastructures and to increase their strength.
On the other hand…
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The Law on Amending the Law on the Procedure for the Collection of Public Receivables and the Law and Certain Laws numbered 7316 (the “Law”) was published in the Official Gazette numbered 31462 and dated 22.4.2021. Even though seven different laws have been amended with the Law, the most important regulation that is important for entities seems the amendment made in the Corporate Tax Law (the “CTL”).
Pursuant to the Provisional Article 13 added to the CTL with Article 11 of…
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Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) takes a very formalistic approach regarding the transfer of copyrights arising from these types of work.
Under Turkish copyright law, the general principle is that the person who actually creates a work is the author of that work. The “work made for hire” concept is not accepted under Turkish law. The right transfers should be made in writing, once the work is embodied, indicating, expressly, which rights are…
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Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe.
In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast…
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