Update: Turkish Council of State has stopped execution of the Regulation on the Processing of Health Data and the Maintenance of Privacy
Following the long awaited Law on Protection of Personal Data (“Law”) dated April 7, 2016; the Ministry of Health (“MoH”) issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (“Regulation”) on October 22, 2016.
Since the very beginning, the Regulation was widely criticised as it contains provisions contradict...»
Under Turkish procedure law, a preliminary injunction is regulated as a temporary legal protection measure pursuant to Article 389 of the Civil Procedure Code (6100). The aim of this protection is to prevent much higher damages during proceedings that continue for at least four to five years until the decision is finalised. The adoption of preliminary injunction decisions depends on the existence of certain conditions, such as a situation which may make it difficult to exerci...»
The European Union (EU) has introduced new legislation on the protection of personal data: the General Data Protection Regulation (GDPR). The GDPR was adopted on 27 April 2016 and it will come into force on 25 May 2018 after a two-year transition period.
Businesses in the EU are readjusting their processing activities in order to ensure compliance with the GDPR. However, it is not only EU businesses that should be working towards compliance, but also some non-EU businesses be...»
As the developments frequently makes headlines in international media we, the Turkish people, have been living in extraordinary times since the 15 July 2016 military coup attempt. Whilst it was generally known that members of a faith-based movement had worked their way up the ranks of almost all state institutions and secured the key decision making posts, we all trusted in their good intentions for our nation and the country.
The judiciary was the most infiltrated, we had th...»
Turkey’s Industrial Property Code No 6769 (“the IPC”) was published in the Official Gazette and came into force on 10 January 2017. The IPC abolished the Decree Laws on the protection of trademarks, patents, geographical indications (“GIs”) and designs by unifying them into a single code.
One of the main aims of the IPC is providing compliance with developments in EU IP law. At this point, in addition to unifying and harmonising the existing provi...»
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 numbered 5809 and dated November 05, 2008. (the “ECL”). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to th...»
Partners Uğur Aktekin and Güldeniz Doğan Alkan examine the reach of Turkey‘s new IP Code and its impact on traditional product names.
The Industrial Property Code No. 6769 (the IPC) was published in the Official Gazette and came into force on 10 January 2017. The IPC abolished the Decree-Laws on the protection of Trademarks, Patents, Geographical Indications (GIs) and Designs by unifying them into a single code.
One of the main aims of the IPC is providi...»
In September 2015 a global medical device company filed a patent infringement action and requested a preliminary injunction against a local company for the immediate prohibition of the production and sale of medical devices on the grounds that the local company was infringing the originator company’s registered patent with its medical devices.
Before filing the action, the patent practice team worked with a European patent attorney and a reputable professor working on medical...»
Use of commercial arbitration and current trends
1. How is commercial arbitration used and what are the recent trends?
Although the use of arbitration has increased significantly in Turkey in recent years, it is still underused when compared to litigation before state courts. Arbitration is used more frequently in large commercial disputes in areas such as construction, energy and infrastructure, and share purchase agreements, and especially for resolution of cross-border dis...»
Law and the regulatory authority
1 Legislative framework
Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
The protection of personally identifiable information in Turkey is regulated mainly by the Law on the Protection of Personal Data (DPL), which ...»
Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.
The Ministry of Health added a provision in relation to standardised packaging to the draft omnibus bill in 201...»
1.1 Before what tribunals can a patent be enforced against an infringer? Is there a choice between tribunals and what would influence a claimant’s choice?
A patent can be enforced before specialised Intellectual Property (“IP”) courts. It is worth noting that IP courts are found only in larger cities, i.e. Istanbul, Ankara and Izmir. If there is no IP court in a city, a patent can be enforced before non-specialised civil courts of first instance in that c...»