The world is struggling with an unprecedented crisis seen in recent human history. Governments have taken serious measures to combat the outbreak and Covid-19 was declared to be a "pandemic" by the World Health Organization. Within the scope of the measures taken, data controllers, public authorities or private companies, are in need of processing personal data with different methods to protect health and limit the spread of the infection through contact tracing and requiring...»
How is commercial arbitration used and what are the recent trends?
Use of commercial arbitration and recent trends
In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value, Tu...»
On 11 March 2020 the Ministry of Health announced that the first case of coronavirus (COVID-19) had been
diagnosed in Turkey. At the time of writing, 46 additional cases have been confirmed and the total number has reached up to 47.
This pandemic will inevitably affect labour law; as part of employers' duty to protect employees, they must take occupational health and safety measures and protect employees' health and physical and mental integrity. Employers' dutie...»
The World Health Organization (WHO) on March 11, 2020 declared COVID-19 a pandemic. Health Ministry of Turkey announced the total number of cases in the country is 18 as of March 16, 2020. COVID-19 spread progress shows that local peak of the epidemic would happen in forthcoming days in Turkey. Our priority is to continue to provide the high quality client service, while protecting the health and safety of our people and their families.
Following are our decisions and actions...»
The Course of Coronavirus Outbreak and Its Economic Impacts
Coronavirus, first seen in December 2019 in Wuhan, China, and causing Covid-19 (coronavirus disease), has spread to all continents except Antarctica and 127 countries in as little as three months, and as of the date of this article, the number of confirmed coronavirus cases worldwide has exceeded 134.000 while the number of deaths has exceeded 4.900. On March 12, 2020, World Health Organization declared coronavirus ...»
What can content creators do to protect themselves?
Copyright protection is mainly regulated under Turkish Intellectual and Artistic Works Law No. 5846 (referred to as Law No. 5846 hereafter). As to the Turkish Copyright Law, protection shall start with the creation and publication of the work to the public which meets the conditions under the Law No. 5846. Therefore neither registration of the copyright owned work with any competent authority nor confirmation of the same is ...»
In a decision published on 18 December 2019, the Turkish Court of Cassation (COC) ruled that trade marks inspired by descriptive words, which are not allowed to be monopolized, are weak trade marks and cannot be protected like trade marks with a high distinctiveness. Even small differences can make these trade marks distinctive, and owners of weak marks cannot oppose the registration of the same signs with different elements. Mutlu Yıldırım Köse explains
It has been three years since the Industrial Property Law, which combined different Decree Laws on specific IP rights, came into force. The fourth book of the Law introduces relatively new provisions regarding the patent system in Turkey that bring the national law into line with the European Patent Convention (EPC). Although it is too early for the implications of the new law to have come to light, working requirements and compulsory licensing remain the most questioned topi...»
In Turkey, the law explicitly states that pharmaceuticals which have their safety and efficacy proven through sufficient scientific and clinical studies within the direction of existing treatment guides, and are granted market authorisation by the Turkish Medicines and Medical Devices Agency (“Agency”) must be supplied only by pharmacies. However, the Agency is also competent to determine the exceptional importation regimes. Named Patient Program (“NPP”) is one of the excepti...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 1 February 2020, the Presidential Circular No 2020/1 was published on the Official Gazette No 31026 on the transition period for the UK's exit from the EU. The circular indicated that the UK will continue to be subject to EU law until 31 December 2020.
Upon the publication of the Circular, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) about the effects of this transition period...»
Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 28 January 2020, the Turkish Medicines and Medical Devices Agency published a draft Regulation on the Sale, Advertisement and Promotion of Medical Devices (Turkish language) which will amend some of the existing provisions of the regulatory framework and introduce new rules.
The most significant amendments are related to restrictions of medical device sales and advertising activities. The medical devices described in either o...»
In opposition proceedings, the Court of Appeal has found that there was copyright
infringement since the opponent’s logo had been copied in the mark applied for The well-known status of the earlier mark also served as a basis for the decision
Arguably, the court correctly found that the applicant’s trademark should not be registered, but erred in its reasoning
The owner of the DERBY trademark, registered and well known for razor blades, opposed an application for...»