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Insights

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

Industrial Property Law Comes into Force in TURKEY

The long awaited Industrial Property Law (“The Law”), numbered 6769, finally came into force in Turkey on 10 January 2017. The new law regulates all IP rights in a single code. It consists of 193 articles and 6 provisional articles divided into five chapters. The first four Books of the law regulate trademarks, geographical indications, designs and patent rights respectively. The name of the Turkish Patent Institute has changed to the Turkish Patent and Trademark Authority… »

New IP Code Enters into Force: 2017 Will be The Year of IP Rights

Following the merger of various IP-related decree-laws into a single code, the brand new Industrial Property Code (No 6769) entered into force as of January 10 2017. At the beginning of 1990s, Turkey was in the process of becoming part of the EU Customs Union and one of its obligations was to adapt its domestic IP law to comply with EU regulations. In order to achieve this, Turkey rapidly enacted IP-related decree-laws in 1995. Decree-laws were preferred since they require… »

Industrial Property Law Comes Into Force

The long-awaited Industrial Property Law (6769) finally came into force in Turkey on January 10 2017. The new law regulates all IP rights in a single code. It consists of 193 articles and six provisional articles, divided into five chapters. The first four books of the law regulate trademarks, geographical indications, designs and patent rights, respectively, while the fifth book sets out common provisions valid for all IP rights. Article 188 of the law changes the name of… »

New Turkish IP Code: What it Means for Designs

The New Turkish Industrial Property Code entered into force on January 10, 2017. This Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs, all of which date back to 1995, by bringing all those rights together within the ambit of a single Code. The design chapter includes changes which seek to achieve greater compliance with the relevant directives of European Union. The major changes relate to the designs… »

New Turkish IP Code Now in Force: Here’s How it Affects Marks

The New Turkish Industrial Property Code (“the IP Code”) entered into force on January 10, 2017. The IP Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs, all of which date back to 1995, by bringing all those rights together within the ambit of a single Code. Among other reforms, the trademark chapter includes changes which achieve greater compliance with the relevant European Union directives. The major… »

Using the Cloud Under the Turkish Data Protection Law

The Turkish law on the protection of personal data came into force April 7, 2016. It is important not just because it is the first of its kind regulating the protection of personal data from a general perspective, but also because it brings many new obligations with which persons or entities dealing with personal data have to comply. The Data Protection Law is also a step towards the ultimate goal of harmonizing the Turkish legislation with the European Union legislation.… »

Progress on the Horizon, Turkey Chapter

This year in Turkey, one of the most interesting pieces of legislation came from the Ministry of Health, when it published the “Regulation on the Processing of Personal Health Data and Maintenance of Privacy”. The Regulat ion introduced detailed provisions regarding the processing and transfer of personal health data, particularly in relation to the format of consent and the requirement for anonymisation before transfer. While the Regulation primarily contains measures that… »

Turkey is Welcoming The Long Awaited Industrial Property Code

The long-awaited Industrial Property Code (“the IP Code”) has entered into force as of today, being published in the Official Gazette. The IP Code replaces the Decree-Laws pertaining to the protection of Trademarks, Patents, Geographical Indications and Industrial Designs, by unifying them into a single code. The Code was prepared to provide compliance with recent developments in EU IP Law, to restore the gaps due to the decisions of the Constitutional Court annulling various… »

Global News Roundup — 2017 Legislative Predictions, Turkey Chapter

On October 20, 2016, the Ministry of Health published the “Regulation on the Processing of Personal Health Data and Maintenance of Privacy.” The regulation introduced detailed provisions regarding the processing and transfer of personal health data, particularly in relation to the format of consent and the requirement for anonymization before transfer. While the regulation primarily contains measures that must be taken by health care service providers and other associated… »

Life Science Newsletter December 2016

Turkish Pharmacists Association fined EUR 5 million for abusing dominant position Özge Atılgan Karakulak and Bensu Aydın, Gün + Partners On 6 December 2016, the Turkish Competition Authority (TCA) imposed a TRY 19 million (approximately EUR 5 million) fine on the Turkish Pharmacists Association for abuse of dominant position and for anti-competitive exclusive agreements relating to the import of drugs within the named patient programme (NPP). In May 2016, the Ministry of… »

Trademark Litigation 2017, A Global Guide, Turkey Chapter

Legislative framework and causes of action Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property. At national level, Decree Law 556 Pertaining… »

Turkey Introduces Customs Training Seminars

Due to its location in the worldwide trade route, Turkey has a vital role in the fight against counterfeiting. The European Union and the Turkish government are therefore working together to increase training for Turkish customs officials and are looking to involve IP rights (IPR) holders wherever possible. The latest customs training project organised by the Turkish Ministry of Customs and Trade (MoCT) in cooperation with the European Union involves a number of activities in… »

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