Turkey’s Internet Restrictions: A hindrance to IT hub ambitions?
Uğur Aktekin and Bentley James Yaffe of Gün + Partners examine the recent changes to Turkish Internet Law and the potential impact on the country’s IT business environment Recent years have seen internet usage greatly increase throughout Turkey, reaching 40 million broadband internet subscribers in the third quarter of 2014. With a young and dynamic population, increased internet penetration and a rise in the number of smart devices, Turkey is in a prime position to increase… »
Alternative Reimbursement Models for Healthcare Services
Introduction Alternative models for the reimbursement of health services have been a common phenomenon in Europe for many years. Countries have adopted diverse policies in this regard comprising, for instance, paybacks, price-volume agreements and economic evaluations. With the enactment of Law 6552 in September 2014, alternative reimbursement models have also become a hot topic in the Turkish healthcare industry. Background Law 6552 amended Article 73 of the Social Security… »
The Turkish Question: Anti-Corruption Legislation or Enforcement, Which Needs to Change?
In December 2014, The Organisation for Economic Co-operation and Development (“OECD”) took an important initiative by publishing its very first Foreign Bribery Report. Examining 427 bribery cases, The Report revealed that only 17 out of 41 members of the OECD Anti-Bribery Convention concluded bribery investigations with court decisions over the past 15 years. Such a small number clearly presented the need for better enforcement of anti-corruption laws worldwide. While such… »
Marks may be Confusingly Similar Even Where Common Element is Generic/descriptive
Within the context of an invalidation action, the Ankara Third IP Court has held that the figurative trademark NEO CARE (depicted below), which covers goods in Class 5 of the Nice Classification, was confusingly similar to the trademark NEXCARE, which also covers goods in Class 5. The court considers that the device element of the NEO CARE mark was not distinctive and that the main element of the mark was its word element. Although this is not explicitly mentioned in the… »
The New E-Commerce Law Will Take Effect Soon In Turkey
The Law No. 6563 on the Regulation of Electronic Commerce (the “E-Commerce Law”) has recently been approved by the Grand National Assembly of Turkey and published in the Official Gazette on 05.11.2014. The E-Commerce Law will enter into force by 01.05.2015. The E-Commerce Law has been enacted in parallel with the EU Directive on E-Commerce (2000/31/EC). The major provisions to be underlined in the E-Commerce Law are related to commercial electronic communication. Currently… »
Good Practice for Asset Recovery from White Collar Crime
Introduction A recent corruption case involving embezzlement, forgery and bribery by the chairman of a non-profit organisation provides an example of the new asset recovery practice that the Fifth Judicial Reform Package (February 21 2014) has introduced. During the criminal investigation and proceedings, the assets generated by the suspect’s crimes were confiscated successfully and in a timely manner. Further, the prosecutors attached importance to redeeming the value of the… »
International Arbitration, Turkey Chapter, First Edition
Introduction International arbitration and domestic arbitration are subject to different legislation under Turkish law. The main legislation regulating international arbitration is the International Arbitration Law numbered 4686, which is essentially based on the UNCITRAL Model Law. The Civil Procedural Law numbered 6100 regulates domestic arbitration and it is not applicable to international arbitration, unless stated otherwise in International Arbitration Law. Turkey is a… »
Graft Probe Takes Interesting Turn
Introduction The graft probe of December 2013, which involved bribery and corruption allegations against four ministers of state and their family members (for further details please see “Government rocked by waves of corruption”) was concluded at the beginning of 2015 with the dismissal of charges and the release of suspects, despite significant criticism and concerns. However, its impact continues to dominate the news agenda in Turkey, especially as the investigations have… »
Istanbul – Rising Star of International Arbitration
The foundation of the Istanbul Arbitration Centre (IAC), under law no. 6570, which entered into force on 1 January 2015, will contribute to Turkey’s competiveness among the world’s established and popular arbitration centres while providing an impartial, convenient and specialised solution for both domestic and international disputes. To achieve this, Turkey has made significant progress in becoming more arbitration-friendly and making arbitration and ADR methods more… »
Originator Challenges Generic Drug and Ministry Price Reduction Decision
On October 12 2012 a global pharmaceutical company filed a patent infringement action and sought a precautionary injunction against a generic company on the grounds that the generic company had filed an abridged marketing authorisation application for the pharmaceutical which referred to the marketing authorisation dossier of the original product, one of the originator’s most profitable drugs in Turkey. The generic company was an affiliate of a major Turkish group. The patent… »
Appeal Court Rules on Status of Opposed European Patents in Turkey
The 11th Civil Chamber of the Court of Appeals recently issued a remarkable decision regarding European patents validated in Turkey – specifically, on the status of the validation of a European patent in Turkey where an opposition or appeal is pending before the European Patent Office (EPO). The Turkish Patent Institute (TPI) operates a pre-grant opposition system and permits no amendments to a patent after the grant decision. The TPI system conflicts with the EPO system… »
Nuclear Powers Up in Turkey
After decades of trying Turkey’s nuclear power programme is finally getting underway. As the country prepares for a new era of greater energy self-sufficiency, key legislation still needs to be put in place Turkey’s efforts to establish a nuclear energy programme dates back to the 1960s. However, it was not until May 2010 that the country took its most concrete step towards realising its nuclear ambitions, signing an agreement with Russia for the construction of its first… »