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… »
Anti-Money Laundering Measures Tightened Following Failed Coup Attempt
Introduction Following the failed coup attempt and subsequent unrest, the Council of Ministers declared a state of emergency on July 20 2016.(1) The state of emergency authorises the Council of Ministers to take immediate measures, including via executive orders. Executive Order 667 was the first order issued after the state of emergency was declared. It shut down a number of public and private institutions and many civil servants were discharged from their positions due to… »
TPI appointed as ISA and IPEA
On October 6 2016, the Turkish Patent Institute (TPI) has been appointed as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) during the 56th series of Meetings of the Assemblies of the Member States of WIPO. The process was started with the application of TPI filed in March 2016 before the WIPO and first the advice of the PCT Committee for Technical Cooperation was sought. During the… »
Sponsorship Exemption for Medical Device Simulation Centres and Cadaver Centres for Surgical Training
Introduction The Regulation on the Sale, Advertisement and Promotion of Medical Devices was amended by a new regulatory measure published in the Official Gazette on September 22 2016. The amendments introduce new provisions regarding: the notification of changes to sales and promotion staff; where medical device sales centres can be opened; and exceptions to activities considered to be scientific and educational meetings. The third provision will make significant changes to… »
Turkey: Automatic Enrolment in Private Pension Plans
An amendment to the Law on Private Pension Savings and Investment System Act 2001 (the ”Law”) was recently published and introduced automatic enrolment for employees in private pension plans. Under the amended Law employees (including public sector employees) aged under 45 shall be automatically enrolled in a private pension plan arranged by the employer. The amended Law sets out the employer’s contribution for the plan as 3% of the employee’s average earnings, including… »