FICPI-Turkey held its first roundtable meeting on the possibility of protecting a validated European Patent in Turkey (after being limited or amended by the EPO during the opposition process) where the EP case is invalidated by the national court prior to the conclusion of the opposition.The Board of Directors of FICPI-Turkey chose the above subject as the topic for the opening roundtable meeting in order to canvas fair solutions to the problem, in line with the legislation a...»
Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the availability of Istanbul Arbitration Centre (ISTAC) arbitration for the resolution of public procure-ment agreement disputes following a policy change instigated by the Turkish government.
ISTAC was established in the third quarter of 2015 as an independent and autonomous international arbitra-tion centre for resolving national and international commercial transactions in ...»
1 General Structure of TMT Regulation and Ownership
1.1 Statutes, Laws and Legislation
In Turkey, the main legislation concerning the telecom sector is the Electronic Communications Law, dated 5 November 2008 and numbered 5809 (the “ECL”). The ECL regulates the rules and procedures regarding authorisation and obligations of the operators and the powers of the Information and Communication Technologies Authority (the “ICTA”), which is the regulatory authority in the telecom se...»
On February 21 2018 Transparency International published the 2017 Corruption Perceptions Index, which reflects the public sector corruption perspective of non-governmental organisations and representatives of the business world on a scale from 0 (highly corrupt) to 100 (very clean).(1)
New Zealand and Denmark ranked the highest, with respective scores of 89 and 88. Notably, since 2012, several countries have significantly improved their index score – including Cô...»
The Istanbul IP Court recently rejected a crucial precautionary injunction demand of a patent owner on the grounds that the demand required a full trial due to the pending invalidation action against the patent.
The patent discloses the use of an active pharmaceutical ingredient for treating the conditions of a disease. In light of the drug’s summary of product characteristics, the literal infringement of the patent was inevitable and obvious. The main defence held that the i...»
New IP law abolished the provisions concerning the use requirement of patents and evidence on ailed in the Decree Law on the
Protection of Patent Rights. Instead, IP law now mentions the use requirement within the provision on compulsory licences, as a consequence of non-use of a patent.
Accordingly, a patent owner must use the patented invention. When assessing the use, market conditions and conditions under the control of the patent owner, as well as outside their control, ...»
The Re-examination and Evaluation Board (the ‘Higher Board’) of the Turkish Patent and Trademark Office has found that, in addition to the similarity of the word elements in the trademarks under comparison, the presence of a device element similar to the opponent’s trademark as actually used increased the likelihood of confusion.
On November 28 2016 and November 30 2016 two individuals applied to register the signs depicted below, both in Class 41.
In accordance with the Law on the Amendment of Certain Laws for the Improvement of the Investment Environment numbered 7099 which was published in the Official Gazette on 10 March 2018 (“Law”), along with the regulations made in the Turkish Commercial Code, Tax Procedural Law, Social Security and General Health Insurance Law, Law on Municipal Revenues, Customs Law, there have been several changes made in the Law on Movable Pledge in Commercial Transactions numbered 6750with t...»
Corporate entities and acquisition methods
1. What are the main corporate entities commonly involved in private acquisitions?
In private acquisitions the main companies used are joint stock companies and limited liability companies.
2. Are there any restrictions under corporate law on the transfer of shares in a private company? Are there any restrictions on acquisitions by foreign buyers?
Restrictions on share transfer
Under the Turkish Commercial Code numbered 6102 there ar...»
Preliminary and jurisdictional considerations in insurance litigation
1- In what fora are insurance disputes litigated?
In the Turkish judicial system, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by the Specialised Maritime Court. If there are no specialised courts (ie, a commercial court in a certain province) disputes are heard by the...»
Principle decision of the Personal Data Protection Authority (“Authority”) outlining necessary precautions to be taken by data controllers while processing specially qualified personal data has been published on the Official Gazette on March 07, 2018.
The decision is based on Article 6/4 of Turkish Personal Data Protection Law numbered 6698 (“Law”) which states that sufficient precautions defined by the Authority must be also taken into account while processing specially qual...»
Wide ranges of studies are being carried out for the improvement of investment environment. As to these studies, a new law called Law on the Amendment of Certain Laws for the Improvement of the Investment Environment numbered 7099 (the “Law”) has been published in the Official Gazette on 10.03.2018 in order to (i) support the investors, (ii) speed up the investment process and establishment process of a company, (iii) reduce the costs and (iv) boost the economy. There have be...»