FICPI Turkish Section under the Spotlight
The initiative for the foundation of the FICPI Turkish section was started in 2012 by a handful of Turkish practitioners, who were individual members of FICPI. The aim of founding the National Section was to be more active within FICPI as Turkish members and to help shape the IP system in our country by keeping abreast of the developments in the world. With the support of President of FICPI at that time, Mr Bastiaan Koester, the FICPI Bureau and the FICPI officers, various… »
Good News for Owners of IR Designations as Trademark Office Changes its Practice in Opposition Proceedings
The Trademark Office has recently changed its practice in opposition proceedings with regard to national designations of IRs The office has started to notify IR owners via WIPO when an opposition is filed against their designations in Turkey The difference in treatment between IR designations and national applications had been widely criticised The Turkish Patent and Trademark Office has recently changed its practice in opposition proceedings with regard to national… »
Turkish Average Consumers: Healthcare Professionals or End Users?
In December 2019, the Court of Appeal issued two decisions in which the nature of consumers has been scrutinized while assessing likelihood of confusion between pharmaceutical trade marks. Infantum v Infanta A trade mark application INFANTUM was filed before the Turkish Patent and Trademark Office (the Office) covering goods in classes 3 and 5, against which an opposition was filed based on the prior registered trade mark INFANTA covering the same classes.The opposition was… »
Recent Developments about Unbreakable Deadlock in Consumer Disputes: Mediation and Solution Proposals
Introduction The fair and swift resolution of consumer disputes serves the interests of not only the consumers, but also the businesses involved. Consumers purchase more when they are confident that they will be treated fairly in a potential dispute. Businesses, on the other hand, become economically inoperable and unviable following systematic violations against consumers and the rapid and fair enforcement of consumer rights. In short, all market players are better off in an… »
Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights
Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights Turkish civil litigation is a unique system where the concepts and practices of civil law meet with the ones originating from Turkish law. Along with the classical and common judiciary concepts and practices among civil law systems, Turkish law envisages a sui generis concept called “enforcement proceedings without judgment”. This frequently-resorted type of enforcement action is native to… »
Advertisement Board Imposed Sanctions against Exorbitant Price Increase during COVID-19 Outbreak
While the world and Turkey are dealing with coronavirus pandemic, demand for protective masks, sanitizer, cleaning products and foodstuff significantly increased. Some manufacturers, suppliers and retail businesses exorbitantly and inequitably increased prices of those products which are intensively demanded by the consumers during this outbreak. The Advertisement Board, recently in March 2020, imposed administrative monetary fine corresponding to TRL 10.090.060… »
Dividend Distribution Restrictions Imposed on Equity Companies in Scope of COVID-19 Measures
Within the scope of the fight against the spread of Covid-19, provisional article 13 was added to the Turkish Commercial Code (“TCC”) with the Law numbered 7244 adopted on 16 April 2020. The said provisional article brought certain restrictions on dividend distribution rights of the equity companies until 30 September 2020 and it was further regulated that the companies exempt from these restrictions and the procedures and principles regarding the application thereof would be… »
Can Foreign Court Decisions Concerning IP Rights Be Enforced in Turkey?
In principle, a court order rendered in a country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences in Turkey, this decision needs to be legally recognised and enforced by Turkish courts. The regulations regarding the recognition and/or enforcement of foreign court decisions are stipulated between Article 50 and 59 of the International Private and Civil Procedure Code (IPCPC) numbered… »
New Guidelines on Meetings Sponsored by Medical Device Companies
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 27 April 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on Scientific Meetings and Educational Activities regarding Medical Devices (Turkish language). The guidelines cover web-based scientific and educational meetings. Web-based meetings include online seminars, video conferences and meetings that can be watched over the network. Pursuant to the guidelines, web-based meetings are subject to the… »
Getting Back To Work: How to Prepare Workplaces for the “New Normal” After COVID-19
With the first case announced on March 11th, 2020, COVID-19 pandemic has started to show certain impacts on, among others, business life in Turkey. At the writing date of this article, Turkey is going through a normalization phase. Indeed, on May 28th, the president announced that regular curfew imposed on weekends will be terminated, inter-provincial travel restrictions will be removed, and the age limit subject to be under continuous curfew will be lowered from 20 to 18, as… »
Direct Marketing 2020 in Turkey
The regulation of unsolicited commercial communications 1. How does national law regulate the making of unsolicited telephone calls for marketing purposes? Electronic commercial communications are regulated by the Law on the Regulation of Electronic Commerce numbered 6563 (E-Commerce Law), which came into force on 1 May 2015, along with the Regulation on Commercial Communication and Electronic Commercial Messages (Commercial Communication Regulation). The E-Commerce Law… »
Sales Promotions 2020 in Turkey
Regulatory Framework 1. How does national law regulate sales promotions? Sales promotions in Turkey are regulated by: Law on the Protection of the Consumer No. 6502 (Consumer Law). Turkish Commercial Code numbered 6762 (TCC). Law on Regulation of Retail Trade No. 6585 (Retail Law). Regulation on Commercial Advertisements and Unfair Practices (Advertising Regulation). Regulation on Lotteries and Drawings for Non-Cash Rewards (Prize Regulation). 2. What obligations or… »