A New Era for Domain Names Under the ‘.tr’ Extension
Registering and managing ‘.tr’ domain names was previously carried out by Nic TR, but will now be performed by the ITCA The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future In contrast to the old system, the new system allows domain name sales transactions Background Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of… »
New Code of Civil Procedure Extends Deadlines in Patent Litigation
The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the… »
Reverting a Non-Examined Patent to an Examined Patent During Court Proceedings
In a recent case, a Turkish automotive company filed a patent infringement action against a German international automotive company, arguing that a system used in the cars of the German company infringed its non-examined patent granted before the Turkish Patent and Trademark Office (TPTO). In a counter-claim, the German company and its Turkish authorised dealer filed an invalidation action against the non-examined patent in question before the same court. Although at the… »
Guidelines on Non-Clinical Evaluation of Vaccines
On 6 October 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on Non-Clinical Evaluation of Human Vaccines (Turkish language) to provide guidance on vaccine development procedures. The guidelines regulate non-clinical evaluations and obtaining appropriate results from them, which are prerequisites for initiating clinical trials on a vaccine candidate. Non-clinical evaluation refers to all in vivo and in vitro tests performed before and during the… »
Guidelines on Named Patient Programme Amended
The Amended Guidelines on Named Patient Program (“Guidelines”) has been published by the Turkish Medicines and Medical Devices Agency (“Agency”) on September 25, 2020. The Guidelines explains the procedure on the supply from abroad of drugs that are not authorized in Turkey and/or not available on the Turkish market due to various reasons. This Guidelines was first published in 2014, amended in 2015 and 2017, and finally published in its most current version on September 25… »
The Importance of Special Conditions When Coping with Negative Oil Prices and Covid-19
One way in which the Covid-19 pandemic has affected traders and producers is the shock negative pricing rates for crude oil. On 20 April 2020, the price of a barrel of West Texas Intermediate (WTI), the benchmark for pricing US oil, fell as low as minus USD 37.63. Although the situation only lasted for a few hours, its global impact is measured in millions of dollars. As a result of globalisation, individual investors in Turkey profoundly felt the plunge in prices thousands… »
The Restriction on Foreign Currency Denominated or Indexed Contract Prices Continues
With the Presidential Decree numbered 85 and dated 12.09.2018, amendments were made on the Decree on the Protection of the Value of Turkish Lira numbered 32 and it was regulated that, besides the exceptions to be determined by the Ministry of Treasury and Finance, the contract prices and other payment obligations of all kinds of movable and immovable purchase and sale and renting, financial leasing and employment, service and work contracts between the Turkey-resident public… »
Cookies & Similar Technologies in Turkey
1. GOVERNING TEXTS 1.1. Legislation There is no specific legislation applicable to cookies and similar technologies. However, to the extent that cookies and similar technologies include or may be used to collect any data related to an identified or identifiable individual (personal data), then Law on Protection of Personal Data No. 6698 ('the Law') and its secondary legislation are also applicable to cookies and similar technologies which may be used by data controllers… »
Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again
With two very recent Presidential Decrees published in the Official Gazette (31287) dated 27 October 2020, the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 November 2020, have been extended until 17 January 2021; and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended until 31 December 2020. Extension of termination ban and unilateral unpaid leave With the Presidential Decree 3135… »
Determining Similarity of Goods and Services in Trademark Opposition Proceedings
This article aims to discuss similarity of goods and services in case of an opposition against a trademark application before the Turkish Patent and Trademark Office (the office). Article 6/1-b of the IP Code sets forth that* “the trademark applied for shall be rejected in circumstances where it is identical or similar to an earlier application/registration, covers the same/similar goods or services therewith and creates a likelihood of confusion on the part of the public in… »
Will COVID-19 Skyrocket Remote Hearings?
Introduction Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws entered into force upon publication in the Official Gazette (31199) on 28 July 2020. Article 17 of Law 7251 amended Article 149 of the Civil Procedure Code (“CPC”) 6100 to allow courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. Although the concept of remote hearing is not new to Turkish law, the… »
Industrial Design Rights 2020: Turkey
Industrial Design Rights is a revised and updated third edition of a significant work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. There have been considerable changes since the previous edition principally in the increasing adoption of the Hague Convention on designs all over the world and harmonization of industrial designs among the European Community countries. Industrial designs are particularly… »