Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration.
Pre-nups and arbitration agreements
A metaphor used by Prof Dr. Loukas Mistelis suggested that arbitration agreements may be likened to prenuptial agreements made at the start of a relationship, with a possible exit strategy in case thi...»
The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if:
serious damage might occur to the applicant because of a delay; or
it would be impossible or difficult to obtain rights due to changes in the current situation.
In its April 27 2012 decision (E. 2012/5543, K. 2014/4817), the First Civil Chamber of the Court of Cassation defined a ‘preliminary injunct...»
Sources of law
1. What are the principal sources of law and regulation relating to patents and patent litigation?
Turkey is a party to the:
WIPO Strasbourg Agreement Concerning the International Patent Classification 1971.
WIPO Paris Convention for the Protection of Industrial Property 1883 (Paris Convention).
Patent Cooperation Treaty 1970 (PCT).
European Patent Convention 1973.
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS).
Owner of STICK and STIX marks opposed registration of figurative mark and design containing ‘sticks’
IP Courts found no likelihood of confusion and that ‘stick’ is descriptive
Court of Appeal disagreed in somewhat unusual decision
In two recent decisions (Merit No 2016/2525, Decision No 2017/4913, dated October 2 2017; and Merit No 2016/2484, Decision No 2017/4777, dated September 27 2017), the 11th Chamber of the Court of Appeal has dismissed decisions of the first instanc...»
Red Bull opposed registration of figurative mark IBEX based on figurative mark RED BULL
Board found that there was likelihood of association/confusion
Opposition was upheld for goods in Class 30 and Class 32
The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (TürkPatent) has found that the application for the figurative trademark IBEX was confusingly similar to the figurative trademark RED BULL and, therefore, could not be registered for beve...»
Unlike many countries, Turkish trade mark law has had a rule since 1995 that a senior tradegistration or application identical or indistinguishably similar to a junior trade mark application can be raised as an absolute ground for refusal if the goods/services are also identical or of the same type. The Turkish Industrial Property Code (the IP Code), which entered into force on January 10 2017, softened this rule, and in cases where an applicant submits anotarised document to...»
Scope of employment regulation
1. Do the main laws that regulate the employment relationship apply to:
Foreign nationals working in your jurisdiction?
Nationals of your jurisdiction working abroad?
Laws applicable to foreign nationals
In the absence of a foreign law chosen by the parties to govern the employment contract, employment laws in Turkey apply to both Turkish and foreign nationals.
Under Act on Private international and Procedural Law no. 5718, parties can choose ...»
The Law on Amendments to the Enforcement and Bankruptcy Law and Other Laws, which was published in the Official Gazette no. 30361 and entered into force on March 15, 2018 (“the Amendment Law”), amends particularly Enforcement and Bankruptcy Law and other laws such as Law on Collection Procedure of Public Receivables, Law on Notifications, Law on Fees, Law on Cooperatives, International Arbitration Law, Law on the Establishment, Duties and Jurisdiction of First Instance Judici...»
New legislation came into force in January 2018 that will require employees to submit to mediation before commencing most employment-related claims.
The Labor Courts Act No. 7036 (Act) aims to ease the judiciary’s workload and accelerate the judicial process in employment cases. The most significant changes include the following:
Mandatory mediation is introduced for both employers and employees prior to initiating lawsuits.
There is a new obligation on courts to provide ca...»
Advertising ban on contact lenses
Dicle Doğan and Nehir Aydeniz, Gün+Partners
The Turkish Medicines and Medical Devices Agency has announced that contact lenses are considered to be medical devices that cannot be advertised to the public.
The Regulation on the Sales, Advertisement, and Promotion of Medical Devices dated 15 May 2014 states that advertising a medical device to the public is prohibited if that medical device has to be exclusively used or applied by a healthcare ...»
The Amendment Act of August 25 2016 introduced into Turkish law the automatic enrolment of employees in private pension plans. As a result, employees under the age of 45 must be enrolled in a private pension plan as part of a pension agreement between their employer and a pension company. These provisions entered into force on January 1 2017, but the regulation is being applied gradually depending on how many employees a company has. To date, employees of companies with at le...»