A New Turkish IP Law – How Will it Affect
On 24 February 2016 the Turkish Ministry of Science, Industry and Technology circulated the draft IP Law on the website of the Turkish Patent Institute (TPI), inviting comments and suggestions. The draft law seeks to replace 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. It mainly incorporates provisions already… »
Turkey Plans New Trade Mark Law
On 24 February 2016 Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Law on the website of the Turkish Patent Institute (TPI) as part of a consultation exercise. The intention of the Turkish government is to replace the current Decree-laws on the protection of trade marks, patents, geographical indications and designs — which date back to 1995 — with a single consolidating and amending Code. The trade mark chapter includes changes which seek to… »
Turkish Involvement in Foreign Corrupt Practices Act Investigations
Introduction Turkey stands out as a target market for foreign companies that want to expand their global reach, due to its geographical location, growing population and economy. Foreign companies investing in Turkey often establish subsidiaries through corporate structures in which officers have dual responsibilities and control over the parent company and the subsidiary. In other cases, companies may choose to run their business organisations with the help of third-party… »
Apples and Oranges: Uncontested Invoices and Binding Contracts
Introduction The answer to the question of whether invoices can create legally binding contracts is generally no; an invoice does not constitute a contract by itself. However, the issue becomes tricky when the recipient has not objected to the content of an invoice or has recorded it in its accounting books. In that case, the legal presumptions that apply to the evidentiary status of invoices and accounting books can indicate that the invoice and the product or service… »
Turkey a Rising Star in Pharmerging Market
MARKET GROWTH FORECASTS The forecasts draw an optimistic picture. The global pharmaceutical market is expected to grow at a 4-6% compound annual growth rate (CAGR) in developed markets and 7-9% CAGR in pharmerging markets by 2019. The market size for Turkey stood at $6.2 billion in 2014 and is expected to grow to $10.9 bn until 2019. MARKET ACCESS Article 15 of the Licensing Regulation issued by the Turkish Ministry of Health (MoH), in parallel with the European Directive… »
Uncertainty Regarding Legal Status of Social Security Institution’s Reimbursement Commission (1)
Introduction On June 19 2015 the 15th Chamber of the Council of State stayed the execution of the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission (July 3 2014). However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015. Accordingly… »
Turkey: Clarification on Compensation Payable When an Employee Dies
The Turkish Code of Obligations (the “TCO”) stipulates under Article 440, that when an employee dies, the employer is obliged to pay compensation to his/her spouse and minor children, or legal dependants. An employment contract is deemed to terminate upon an employee’s death and the employer is then obliged to pay compensation equivalent to one month of the deceased employee’s salary. If the employee had worked for the employer for more than five years, the amount of… »
Trade Secret Protection Turkey Chapter
1. Substantive aspects of both criminal and civil law 1.1 Legal theories and principal sources of lawIn Turkey there is no specific law or other legislation in effect with regard to trade secrets and their protection – the interest of the owner provides an imperfect exclusive right over trade secrets. They are not protected under specific laws, but protected under the general provisions of Turkish civil law. The most general provision that constitutes a basis for the… »
Interpretation of Force of EPC and Institutions of EPO by Turkish IP Courts
The European Patent Convention (EPC) is a part of Turkish national domestic law and is enforced in Turkey under Article 90 of the Turkish Constitution. Furthermore, it was formed under international agreement and as a result cannot be claimed as unconstitutional. The EPC law can be applied directly in Turkey and therefore it is legally binding. Alongside other member states, Turkey also declared and signed the EPC and as such recognises the competence and the decisions of the… »
Specialised or General-Jurisdiction Courts for Enforcing Foreign Judgments and Arbitral Awards?
Introduction The recognition and enforcement of foreign judgments and arbitral awards in Turkey is subject to the International Private and Civil Procedure Law, under which enforcement actions must be filed before the civil courts of first instance, which are comprised of general-jurisdiction civil courts and specialised courts (eg, labour courts, IP courts and consumer courts). While the jurisdiction of family courts in enforcing judgments and awards on family matters is… »
Dispute Resolution Guide 2015: Collection of Evidence
An effective and fair judicial system is indispensable for a developed country welcoming foreign investors. The Turkish judicial system, however, has not yet achieved this. This is mainly due to the lack of efficient tools for collecting evidence which would help parties to provide sufficient information in a dispute to prepare themselves and the court at the outset of a civil proceeding. Without such preparations, the proceedings become long and complex, leading both… »
New AMTC Raises Patent-Related Questions
The Tenth Development Plan, which covers 2014 to 2018, emphasises the government’s aim of enhancing international accreditation and standard-setting capacity to provide the effective and sustainable use of research infrastructures and to foster greater cooperation between the public and private sectors. In order to achieve this aim, the Turkish government had declared a policy of transforming research centres within universities and public institutions into sustainable… »