Since Turkey became a member of the European Patent Convention (EPC), the question of whether Turkish validation and enforcement of a European patent applies while proceedings before the European Patent Office (EPO) are pending has become a hot topic.
The owner of a European patent (EP) is normally concerned about how the pending opposition/appeal proceedings before the EPO will impact the enforceability or validity of the national patent in Turkey.
The strength of a patent m...»
It has now been over a year since the entry into force of the long-awaited Industrial Property Code (the IP Code) in January 2017. While the IP Code replaced the decree-laws pertaining to the protection of trade marks, patents, geographical indications and industrial designs, by uniting them into a single code, it also introduced new provisions. This article aims to summarise the new provisions in general and analyse the issues surrounding the implementation of the major new ...»
Almost all whistleblowing reports are evaluated quickly due to the urgency of the matter. However, if an evaluation is completed without taking fundamental steps or necessary planning, it may result in an improper investigation and eventually the inability to resolve the issue, or even the undertaking of an unnecessary investigation.
Evaluation of whistleblower reports
The majority of whistleblowers are employees(1) and are generally more cooperative in comparison to outsider...»
The risks and regulations driving the Turkish insurance market’s growth
NEED TO KNOW
Nearly three-quarters of Turkish insurance companies have foreign owners or partners
Penetration is low but government measures could increase it
E-commerce growth and hacking attacks may push demand for cyber cover
Emerging risks as well as new and upcoming regulations are driving the growth of the Turkish insurance market, explain Pelin Paysal and Ilgaz Önder, partner and associate at G...»
New Euro Fx rate for Drug Prices for 2018
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
In Turkey, the currency applied to drug prices is the Euro and Turkish lira currency exchange rate (Fx rate), which is determined by the Price Assessment Commission. As per the February 2017 Drug Pricing Decree, the Commission convenes within the first 45 days of each year to set a new Fx rate. The Fx rate is 70% of the average annual Euro rate.
The Fx rate set in January 2017 was 2.3421...»
The official system for the protection of IP rights by Turkish Customs requires that a single application – for each and every IP right – be filed before the General Directorate of Customs in Ankara; the customs application covers importation and exportation, as well as transit trade and Turkish free zones. It is possible to file a customs application for any determined timeframe, with an upper limit of one year. Each application is processed within 30 working days; upon acce...»
1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction?
Turkey’s legal system is based on civil law. Civil procedure is governed by the Code of Civil Procedure (“the CCP”) dated October 1, 2011 and numbered 6100.
Principal Law governing international arbitration is the International Arbitration Code (“IAC”) numbered 4686.
The Code of International Private Law and Civil Procedure numbered 5718 provides cer...»
1. What are the main areas of law and regulation relating to product liability?
Turkish law does not have specific legislation for product liability. Product liability claims are based mainly on tort law and contract law provisions in the Code of Obligations 6098.
In addition, consumers can base product liability claims on the Consumer Protection Law 6502, enacted in light of EU directives, including:
Directive 2002/65/EC concerning distance marketing of consumer financial s...»
Pelin Baysal, Partner and Cansu Akbiyikli, Senior Associate at Gun + Partners provide an overview of legal reforms in Turkey aimed at enhancing the country’s economic development.
In recent years, the Turkish Government has been taking significant steps to continue enhancing the region’s economic environment including implementing a number of legislative developments.
The Law Amending Certain Laws for Improvement of the Investment Environment, 6728 was publi...»
During his/her professional life, a company executive operating in Turkey can face various types of criminal liability. This article aims to provide a general overview of the possible risks in relation to criminal law that an executive can come across.
The picture is clear when an executive intentionally commits a crime to the detriment of the company that he/she is working for in order to obtain personal financial benefit. In such cases, the situation is more straightforward...»
The smuggling police and customs enforcement officers take ex-officio action against smuggling offenses as per Anti-Smuggling Law no.5607, the basic purpose of which is fighting customs tax evasions. All smuggled products seized by such enforcement bodies are delivered to customs liquidation directorates for storage and sale.
In contrast, trade mark infringement is set forth in Industrial Property Law no.6769 as an offense being subject to a “criminal complaint” to be filed b...»