Mandatory Mediation
It is now mandatory to apply for mediation, before certain claims are brought, as follows: for both employers and employees – claims regarding employee “receivables” and compensation arising from either the Labour Act, the employment agreement, and/or a relevant collective bargaining agreement; and for employees – claims for re-instatement. Mandatory mediation is not applicable to claims arising from occupational accidents and diseases. Where mediation is mandatory, this… »
Turkish Court of Appeals Grants Protection to Well-Known ‘JELIBON’ Trade Mark Despite Its Original Lack of Distinctiveness
Kent Gida Maddeleri San ve Tic AS v Nako Iplik Pazarlama ve Ticaret AS, the decision of the Turkish Court of Appeals numbered E. 2016/2539 K. 2017/4808 and dated 27 September 2017 The Turkish Court of Appeals (CoA) has upheld the first instance IP Court’s decision ruling for the invalidation of the ‘Nako Jelibon’ trade mark covering ‘threads’ in Class 23, on the basis that the registration would: (i) negatively affect the distinctiveness of the wellknown ‘Jelibon’ trade mark… »
International Health Services Incorporated Company Established
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 3 August 2018, an amendment (Turkish language) was made in the Decree Law on Some Regulations in the Field of Health, establishing the International Health Services Incorporated Company (USHAŞ). The purpose of the company is to facilitate health tourism in Turkey. All shares of USHAŞ shall be owned by Ministry of Treasury and Finance. The duties of USHAŞ are to: Promote the services offered in Turkey in the field of… »
Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32
Supreme Court View on Adapting Contracts due to Fluctuation in Currency Exchange Rates and Recent Change in the Decree No. 32 Introduction Under Turkish law, contracting parties should be bound by the terms and conditions of the contract under the sanctity of contract principle. However, following the conclusion of a contract, a change in circumstances may affect the performance of contractual obligations and applying the sanctity of contract principle could be against the… »
TPTO Refuses Trade Mark Solely due to Bad Faith
When evaluating bad faith claims, the Turkish Patent and Trademark Office (TPTO) considal matters, but predominantly if the trade mark is an original sign that was created by a prior right holder. In a recent decision, the Office made an exemplary decision concerning bad faith. The trade mark Carducci is owned by House of Monatic (Pty) Limited of Republic of South Africa. The stylised sign was first created in 1978, yet the firm does not have an earlier registration in… »
Attorney-client Privilege in the Context of Internal Investigations
Attorney-client privilege is widely debated, as its interpretation is difficult in cross-border litigation and investigations. This update aims to: shed light on the relevant legal provisions under Turkish law; draw the boundaries of the concept; and highlight its relevance to white collar crime. The Advocate Law of 19 March 1969 (1136) regulates attorney-client privilege for attorneys. According to Article 36 of the Advocate Law (“Right to Keep Secrets”) attorneys cannot… »
FICPI-Turkey Third Roundtable Meeting – May 2018
FICPI-Turkey arranged its third roundtable meeting on “Conflict of interest” principle, on interpretation of which patent and trademark attorneys have questions, following the enforcement of the Regulation on the Code of Conduct and Discipline of Turkish Patent and Trademark Office for Patent Attorneys and Trademark Attorneys (hereinafter referred to as “the Regulation”). The Board of Directors of FICPI-Turkey has chosen this subject following observations at the seminars… »
Social Security Institution announcement on procurement of pharmaceuticals from abroad
Social Security Institution announcement on procurement of pharmaceuticals from abroad Dicle Doğan and Can Tabak, Gün + Partners On 29 June 2018, the General Directorate of General Health Insurance of the Social Security Institution (SSI) published an announcement (Turkish language) on the Procurement of Pharmaceuticals from Abroad by Ibn-i Sina Health and the Social Security Center. The announcement stated that: Non-approved or unavailable pharmaceuticals, destined for a… »
Telecoms and Media 2018 in Turkey
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 No. 5809 and dated 5 November 2008 (the ECL). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to the Information and Communication… »
New Presidential Government System Brings Changes to Patent and Trademark Office’s Legal Framework
Most of the articles of Law No 5,000 on the Establishment and Functions of the Turkish Patent and Trademark Office were revoked by Decree-Law No 703, which was published in the Official Gazette (No 30473 3rd bis) on 9 July 2018 within the framework of the adaptation to the new presidential government system. With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of… »
An Overview of Turkish Data Protection Rules from Criminal Law Perspective
When the Turkish Data Protection Act entered in force back in 2016, it provided a two-year period for data controllers to bring their data protection policies in conformity with the new law. Since the April 7 expiry of this transition period there has been a boom in the area of data protection similar to what has recently happened in Europe with the General Data Protection Regulation’s entry into force. Although it seems for the time being that the focus is mostly on this… »
New Presidential Government System Brings Changes to Patent and Trademark Office's Legal Framework
Decree-Law No 703 revoked most articles of Law No 5,000 on Establishment and Functions of Patent and Trademark Office This created some ambiguity as to legal basis for office’s existence Presidential Decree No 4 re-established Patent and Trademark Office With the aim of harmonising the structure of some administrative institutions, including the Turkish Patent and Trademark Office, with the Constitution, Article 86 of Decree-Law No 703 revoked all the provisions of Law No… »