Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32
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 pr...»
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 Turke...»
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 d...»
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 ...»
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 sp...»
1. What are the main statutes and regulations relating to employment?
The main sources of employment law are as follows:
the Turkish Labour Act No. 4857 (the TLA);
the Law on Trade Unions and Collective Bargaining Agreements No. 6356 (the Union Law);
the Law on Civil Service Trade Unions and Collective Bargaining Agreements No. 4688;
the Maritime Labour Law No. 854;
the Press and Media Labour Law No. 5953;
the Turkish Code of Obligations No. 6098 (the TCO);...»
1. Regulatory and institutional structure
Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?The main legislation governing the communications sector is the Electronic Communications Law No. 5809 and dated 5 November 2008 (the ECL). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to the Information and Communication ...»
1. Primary sources of law, regulation and practice
What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis?
The Turkish Commercial Code (TCC) dated 13 January 2011 (Law No. 6102) (TCC) entered into force on 1 July 2012. The TCC has important objectives such as ensuring transparency, adopting corporate governance standards and...»
Most of the articles of Law No 5,000 on the Establishment and Functions of the Turkish Patent and Trademark Office were revoked by Decree-Law No 703, which was published in the Official Gazette (No 30473 3rd bis) on 9 July 2018 within the framework of the adaptation to the new presidential government system.
With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of Dec...»
When the Turkish Data Protection Act entered in force back in 2016, it provided a two-year period for data controllers to bring their data protection policies in conformity with the new law. Since the April 7 expiry of this transition period there has been a boom in the area of data protection similar to what has recently happened in Europe with the General Data Protection Regulation’s entry into force.
Although it seems for the time being that the focus is mostly on this con...»
Turkey has welcomed the new Intellectual Property Code (the IP Code) numbered 6769. This came force on January 10 2017.
One of the major changes in the new IP Code is an explicit provision in Article 155 preventing later dated IP registrations being submitted as a defence in infringement actions.
Before the IP Code, there was established case law from the Court of Appeals stating that use of a registered IP right could not be prevented until the invalidation of the right was ...»
Increase in Euro exchange rate set for pharmaceuticals
Dicle Doğan and Nehir Aydeniz, Gün + Partners
The Euro exchange rate set for the pricing of medicines is to increase by 2.5% for some products due to the introduction of a new article in the Council of Ministers’ Pricing Decree. Prices for medicines will also increase due to changes made to mandatory discounts that are applied to purchases of some categories of medicines made by the Social Security Institution (SSI).