Short Marks Composed of Four Letters With Different Last Two Consonants Held to be Confusingly Similar
The Ritz Hotel Limited & The Ritz-Carlton Hotel Company, LLC v Sami Yorulmaz, 27.09.2016, 2016-M-7845 (finalized early 2017). Re-Examination and Evaluation Board of the Turkish Patent and Trade Mark Office In this landmark decision, the Re-Examination and Evaluation Board (‘Board’) of the Turkish Patent and Trade Mark Office (‘Office’) concluded that, in some cases, one of the elements creating the mark can have a greater effect on average consumers. Thus these elements… »
Amendment of Regulation Regarding Employee Consent for Overtime
Overtime legislation Overtime in Turkey is regulated by Article 41 of the Labour Act (4857) and the Regulation on Overtime. According to the Labour Act, employee consent is required for overtime. Before the recent amendment was introduced, overtime was regulated by the Regulation on Overtime, under which employers were obliged to obtain the written consent of employees for overtime at the beginning of each year. However, the obligation of receiving employee consent annually… »
Life Sciences Newsletter, December 2017
Regulation on Processing of Health Data amended Dicle Doğan, Fatma Sevde Tan, Gun + Partners On 24 November 2017, the Ministry of Health issued amendments (Turkish language) to the Regulation on the Processing of Health Data and the Maintenance of Privacy. The Ministry of Health issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (Regulation) on 22 October 2016, following the Law on Protection of Personal Data (Law) dated 7 April 2016. On 6… »
Turkey Chapter of Equivalence in Europe
A. Scope of protection 20.1 The scope of protection ofa patent is defineci in the various subparagraphs of article 89 of the lndustrial Property Code No. 6769 (‘iP Code’). Like most jurisdictions, the scope of protection is essentially determined by the claims, making use of the description and drawings far the interpretation thereof. it is important to note that this is not limited to a literal interpretation, although the scope cannot be extended to cover elements which… »
Code of Civil Procedure Amendments Aim to Improve Functioning of Regional Appellate Courts
On July 20 2016 regional appellate courts were established and a new three-tier court system started to be applied for first-instance judgments. Under the three-tier system, first-instance judgments can be appealed before the regional appellate courts where compliance with laws, as well as merits of the case, are examined and – if necessary – a second trial is conducted. In principle, regional appellate court decisions can be appealed before the Court of Cassation. Due to the… »
Reform, Change and Challenges in Turkey’s Reinsurance Market
Market reforms and big-ticket investments in the construction and energy sectors, especially nuclear and renewable energy, have provided enormous market opportunities for Turkey’s insurance sector. A maturing SME sector, the rise of trade credit products and health insurance have all opened new possibilities for the sector. Meantime, the reinsurance market has grown at about 20% in local currency terms in 2015 even as currency pressures have exerted a negative impact. Even… »
Turkey Introduces New Regulation on Code of Conduct and Discipline of Patent and Trademark Attorneys
The Turkish Patent and Trademark Office (the Office) published the Regulation on the Code of Conduct and Discipline of Patent and Trademark Attorneys on May 18, 2017, following the entry into force of the Industrial Property Code on January 10, 2017. Article 30/A of the Law of the Establishment and Functions of the Turkish Patent and Trademark Office no. 5000, which was introduced by Article 182 of the IP Code, sets forth that disciplinary sanctions shall be exercised against… »
The Rise of Cryptocurrencies – an Overview
Blockchain technology has the potential to become as important as the Internet and its effects could be revolutionary. Conversely, cryptocurrencies are seen as disruptive by many market players. While the number of holders of cryptocurrencies has been increasing, the growth of this new field has resulted in numerous questions and much debate. Cryptocurrencies were introduced to the Turkish market on July 20 2013 under Law on Payment and Security Settlement Systems, Payment… »
The Reinsurance Market in Turkey
According to the Insurance Association of Turkey, there are currently 61 active insurance companies incorporated in Turkey consisting of 37 non-life insurers, 19 Life and Pension insurers, four life insurers and one reinsurer. Reinsurance cover is mostly provided to Turkish insurance companies by foreign reinsurers whereas Milli Reasürans A.Ş (“Milli Re”) i.e the sole local reinsurer in the market has a market share of 27% in 2017. Despite the fact that ceding companies in… »
The Regulation on Employee Inventions
The Regulation on Employee Inventions, Inventions Realised within Higher Education Institutions and Inventions Arisen from Projects Supported by Public Authorities entered into force on September 29 2017. Under the regulation, if an employer demands a full or partial right to an employee invention, reasonable compensation and an award should be paid to the employee. The regulation sets out rules for calculating reasonable awards – in particular, in addition to compensation… »
Update: Rules for Processing Health Data in Turkey
Controversial Regulation on Processing of Health Data has been recently amended Following the Law on Protection of Personal Data (“Law”) dated April 7, 2016; the Ministry of Health (“MoH”) issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (“Regulation”) on October 22, 2016 which was heavily criticized due to its various provisions contradicting with the Law and introducing burdensome obligations beyond the Law. Actions were brought before… »
Life Sciences Newsletter, November 2017
Social Security Institution Inspects Approved Clinical Research Dicle Doğan and Fatma Sevde Tan, Gün + PartnersOn 4 October 2017, the Clinical Research Association announced that the Social Security Institution (SSI) had initiated general inspections on clinical research approved by the Ministry of Health in 2015 and 2016 on the grounds of ensuring compliance with SSI legislation. Clinical research is regulated by the Regulation on Clinical Research of Drugs and Biological… »