New Draft Industrial Property Code Unifies Previous Laws in Single Code
On February 24 2016, the Turkish Patent Institute (TPI) produced the new Draft Industrial Property Code. It was circulated for a period of consultation which finished on March 4 2016. It is expected that the draft code will be sent to the Council of Ministers within the next few weeks. The authorities are hopeful that it will come into force before the end of the year. In order to become a part of the Customs Union, Turkey had to harmonise its national IP laws with EU… »
In Search Of A Smart Judiciary In Turkey And Europe
Mehmet Gün, senior partner at Gün + Partners, Istanbul, traverses the gaps in Turkish and continental civil procedure, where inefficient disclosure rules are choking an overloaded justice system arguably leading to double procedural standards and high budgetary costs for some EU member states Turkey’s desire to join the European Union is well-known. Lesser known is the response of the EU policymakers to issues that arise from the same root cause as in the Turkish justice… »
Official Trademark Bulletin Now Published Twice a Month
On February 18 2016, the Turkish Patent Institute (TPI) announced that the Official Trademark Bulletin will now be published twice a month. The bulletin was previously published on the 12th of each month but will now be published on the 12th and 27th of each month or the next working day if either of those days falls at the weekend. This change is expected to require a much stricter follow-up of the bulletin and the legal opposition deadlines in order to avoid the possible… »
Appetite for Iranian Uncertainty
In light of the Turkish Prime Minister’s recent visit to Iran, the removal of sanction is opening up new opportunities for Turkey; with other nations following suit. Upon confirmation from the International Atomic Energy Agency that Iran has completed the necessary preparatory steps to start the implementation of the Joint Comprehensive Plan of Action on January 16, 2016, both the US and the EU announced that certain economic and financial sanctions had been lifted. On the… »
Outside Influence
Turkey has been among the fastest growing insurance markets of its size in Europe. Along with the rapid growth in its insurance sector, there have been major changes to its legislation in the last few years. New laws have improved the regulatory framework and brought the industry more in to line with international practice. Although its top three insurers are Turkey-based, the market has a high level of foreign investment from Gulf countries, Malaysia and Europe. The current… »
TPI Finally Publishes New Draft IP Law
On February 24 2016 the Turkish Patent Institute (TPI) published its long-awaited draft IP Law proposing amendments to patent rights in Turkey. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents). Improvements The draft appears to be promising, particularly in comparison to the previous proposals to… »
Social Security Institution Publishes Clarifying Addendum to New Data-Sharing Guidelines
Introduction On January 8 2016 the Social Security Institution announced details of the application form required to request access to the personal data that it holds. The application form was prepared by the Data Sharing Commission, established as part of the Social Security Institution pursuant to the Guidelines on the Procedures and Principles Relating to the Use, Sharing and Protection of Social Security Institution Data. The Social Security Institution’s announcement… »
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… »