The International Arbitration Review, Turkey Chapter, 7th Edition
I. INTRODUCTION The use of arbitration as an ADR method in Turkey is on the rise, especially for international disputes. There is also a growing demand for the use of domestic arbitration; however, domestic parties mostly prefer court litigation for cultural and financial reasons and because of the way the court and arbitration system is structured in Turkey. The establishment of the Istanbul Arbitration Centre (ISTAC), which aims to attract not only disputes involving… »
Recent Amendments to Stamp Tax Law in Turkey
Stamp tax in Turkey is only applicable to transactions that take place in within Turkish borders. In transactions where the deal volume is high, stamp tax can often be a hindrance since it can be a real burden on the parties. Stamp tax is regulated by the Stamp Tax Code (Numbered 488) and applies to a wide range of papers such as agreements, surety, guarantee and pledge documents, settlement letters or bills of lading. The term “paper” within the scope of Stamp Tax Code means… »
Descriptive, or Not Descriptive—That Is the Question: A Review Under Turkish Law of Likelihood of Confusion When Trademarks Share Descriptive Terms
I. INTRODUCTION In a landmark decision, Diamond Kuyumculuk Ticaret Limited Şirketi v. Med-Art Sağlık Hizmetleri ve Kuyumculuk Sanayi ve Limited Şirketi (the “BLUEDIAMOND decision”),¹ the General Assembly of the Civil Chambers of the Court of Appeals of Republic of Turkey found a likelihood of confusion between two trademarks, each covering, inter alia, jewelry and clock goods and design services, based only on the common use of the word “diamond,” which is inarguably… »
Turkey: What Will The New IP Code Bring?
On February 24 2016, the Ministry of Science, Industry and Technology circulated the draft IP Code on the website of Turkish Patent Institute (TPI). Having passed through various informal and formal consultation stages, the draft IP Code is now in its final enactment stage before the Turkish Parliament and expected to enter into force before the end of 2016. The draft IP code will replace the decree-laws pertaining to protection of trade marks, patents, geographical… »
Turkey’s Long Road To Become An Oil & Gas Hub
Turkey is on a journey toward becoming an oil and gas hub. But the country has to face geopolitical and financial challenges to achieve this goal, while it enjoys a perfect geographic location and has the necessary legislation; say Ozan Karaduman, managing associate of Istanbul-based law firm Gun and Partners, and associate Direnç Bada. Turkey is not a large producer of oil and natural gas resources. Its oil‒gas production is minimal when compared to its hydrocarbon-rich… »
Cross-Border Transfers and On-soil Requirements in Turkey
The Protection of Personal Data Law numbered 6698 (‘Law’) was enacted in Turkey on 7 April 2016, with detailed provisions relating to the protection of personal data. It defines ‘personal data’ as ‘any type of information that relates to an identified or identifiable natural person.’ The main principle is that personal data can only be transferred abroad once the data subject has provided explicit consent. However, there are certain exceptions, such as if the processing is… »
Anadolu Endüstri Holding – Migros Kararı Işığında, Türk Rekabet Hukukunda Taahhüt Sistemi Uygulaması Üzerine Değerlendirmeler
How Will the New Turkish IP Code Affect IP Practice in Turkey?
A new Turkish intellectual property (IP) code has been touted since the mid-2000s and although several drafts have been prepared, none of them have been enacted despite some changes made in the legislation already in force. Finally, this year, the Draft IP Code, a single code covering trademarks, geographical indications, designs, utility models, and patents, was prepared.On February 24, 2016, The Ministry of Science, Industry and Technology opened the Draft Code for public… »
Changes in Landscape of Foreign Supply of Non-Approved Products
In May 2016 the Pharmaceutical and Medical Device Agency – established under the Ministry of Health – amended the Guidelines on the Supply from Abroad and the Use of Pharmaceuticals, which changed the practice of the Named Patient Programme (NPP) in Turkey. Supplying nonapproved or unavailable pharmaceutical products from abroad is an exceptional route under the NPP. However, increased regulatory and price pressures in recent years have resulted in more products becoming… »
Judicial Shake-up in Wake of Turkey’s Failed Coup
The aftermath of Turkey’s unsuccessful military coup last week has affected every walk of the country’s life, much so in the reorganisation of its judiciary. CDR speaks to leading Turkish lawyers about the far-reaching judicial consequences. One of Turkey’s most affected sectors after the military coup attempt on 15 July was the judiciary, with over 2000 judges and prosecutors having been detained – “almost one-fifth of the judicial workforce in one go”, Mehmet Gün, the… »
The New Personal Data Protection Law in Turkey
This analysis article gives an overview of the new law on the protection of personal data that has recently entered into force in Turkey. It analyses the most important points under the new law and the many obligations that data controllers must now comply with when dealing with personal data. Contents • Important concepts• Obtaining consent • Exceptions for obtaining consent• Transfer of personal data • Responsibilities of data controllers related to personal data •… »
The New EU General Data Protection Regulation with an Extra-Territorial Effect
While Turkey was welcoming its new Data Protection Law in April 2016, the EU introduced the General Data Protection Regulation (GDPR) which will replace the outdated EU Data Protection Directive. GDPR is accepted as a new era in data protection as it is expanding its applicability to data controllers residing outside the EU. In this sense, the Regulation has a global effect, since it applies to data controllers or processors outside the EU who offer goods or services to data… »