fbpx

Insights

We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Updates on Mandatory Mediation for IP Disputes

Articles -

As of January 01, 2019, mediation is mandatory for monetary related commercial disputes in Turkey. In our 2019 thought leadership paper, we shared our opinions on the effects of such development applied to IP related disputes in which compensation or payment of a certain amount is sought. Up to this point, practical impacts of this change were a question, especially for the cases that include both monetary and non-monetary claims. Recent decisions of the Turkish Court of… »

Borders and Principles of Processing Employee Data in Turkey in Light of DPA and Court Decisions

Click here to watch the webinar on this topic. Private life has been protected under the Turkish Constitution before the enactment of Data Protection Law came into force in 2016 in Turkey. Disputes related to monitoring employee personal data in the work place have been subject to court decisions based on the constitutional provisions mostly and also several decisions have been taken by the Data Protection Authority (“DPA”) in this respect. Legal grounds for data processing… »

The Benefits of Filing a Criminal Case Based on Trademark Infringement for Counterfeit Products Subjected to the Crime of Smuggling

Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components.… »

Employing a Trademark as a Domain Name Alone is Not Sufficient to Prove Genuine Use

Articles -

The first instance Civil Court for Intellectual and Industrial Rights (“IP court”) in its decision rendered in October, 2020, pointed out that the use of the subject mark solely as a domain name is not deemed sufficient to prove the use of the mark as a trademark. The decision concerns a revocation action for non-use filed against a trademark that has been registered for more than five years, but which has not been used properly and effectively with respect to the relevant… »

Implementation of Mandatory Mediation in IP Disputes: Court of Cassation Issues Contradictory Decisions

Background An implementation problem occurs when monetary and non-monetary claims are raised together in IP cases, since the code introducing mandatory mediation does not provide a specic rule for disputes combining both monetary and non-monetary claims in a single case. In such scenario, one of the following three options must be applied by the courts: passing through mandatory mediation and entering into the merits of the case for all claims; dismissing all claims based… »

Enforcement: An International Litigation Guide 2020, Turkey

I. PRE-FILING REQUIREMENTS/DEMAND LETTERS Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter. Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done. It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before… »

Analysis on Corruption Perceptions Index 2020 in Times of Covid-19

2020 Corruption Perception Index (“CPI 2020”), Transparency International’s annual report reflecting the perception of corruption in public sector among 180 countries/territories all over the world, was announced on 28 January 2021. The contributions of country experts, non-governmental organisations and representatives of the business world generate the results in the CPI which measures up the countries/territories on a scale from 0 (highly corrupt) to 100 (very… »

The Practitioner’s Guide to Global Investigations 2021

1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects. There have been several criminal investigations in public health or education institutions regarding bribery and misconduct. However, none of them can be identified as high-profile corporate investigations. Instead, the focus during the past year regarding compliance-related issues appears to have been on administrative and regulatory… »

International Insurance Law and Regulation 2021

Articles -

Introduction to the March 2021 Edition of International Insurance Law and Regulation International Insurance Law and Regulation is a comprehensive collection of commentary from internationallyrecognized practitioners who are experts in their jurisdictions. These specialists discuss the law and regulation of insurance in their region, creating a country-by-country guide on doing business in this highly structured and regulated industry. The March 2021 edition contains the… »

Does the Use of a Trademark on a Book Cover Qualify As Infringement?

Articles -

In a recently published decision (No 2020/406 E, 2020/4212 K, 19 October 2020), the Court of Cassation(11 Chamber) has considered that the use of a trademark on a book cover was a legitimate use.BackgroundThe case was originally led before the Bakırköy Second IP Court. The complainants - Dünya Süper Veb Ofset Anonim Şirketi, the owner of the Dünya newspaper, and Mr Nezih Demirkent, the newspaper’s founder - alleged that the defendants infringed the trademark depicted below… »

Harmonization with the EU Medical Devices Regulation

Articles -

Regulations on Medical Devices numbered 2017/745 (“MDR”), prepared by the EU Commission, has been published, and was planned to be enter in force on 26 May 2020. However, the MDR’s implementation date has been delayed for a year to enable healthcare institutions and economic operators to prioritize the fight against the Covid-19 pandemic. The legislation in Turkey continues the process of harmonization with the new rules set by the MDR. On 1 February 2020, Presidential… »

Patient Support Program

Articles -

Through Circular numbered 2016/4 published by the Turkish Medicines and Medical Device Agency (“TITCK”) an obligation for marketing authorization holders to apply to TITCK and obtain permission for training and support programs for patients / healthcare professionals for the purpose of the rational use of drugs was regulated. With the program, the marketing authorization holder signs a contract with an organization that has been licensed within the framework of the… »

Stay Informed

Subscribe to stay up to date on the latest legal insights and events of your choice.