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 However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015.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… »
Turkey Takes Off
The Tenth Development Plan of Turkey, which spans the period between 2014 and 2018, emphasises the necessity to enhance the country’s accreditation and standard-setting capacity at international levels. This is to provide effective and sustainable use of research infrastructures through diversification, as well as a desire to foster greater cooperation between the public and private sectors. According to this development plan, measures should be taken to establish platforms… »
Transparency Provisions to Prevent Corruption in Pharmaceutical Sector
Introduction The fight against corruption is a serious challenge in the pharmaceutical sector in Turkey and worldwide. This is because the state is generally the main buyer of goods and services provided by pharmaceutical companies and healthcare professionals such as doctors play a significant role as decision makers in the purchasing process. Interactions between pharmaceutical companies, healthcare professionals and healthcare organisations are highly regulated by general… »
Intepreting the Application of the European Patent Convention in Turkey
The European Patent Convention (EPC) is part of Turkish domestic law and is enforced in Turkey under Article 90 of the Constitution. As an international agreement, it cannot be declared unconstitutional. The EPC can be applied directly in Turkey and is legally binding. Under it, Turkey recognises the competence and decisions of institutions established under the EPC. Member states cannot declare their preference for decisions of European Patent Office (EPO) bodies (eg, the… »
Hukuk Şart
TPI Upholds Opposition Based Solely on Applicant's Bad Faith
The applicant filed a trademark application for the sign depicted below, seeking registration in Class 3 of the Nice Classification: The opponent is the owner of prior trademark registrations with WIPO for the exact same sign and has been using that sign for the same goods for years. It opposed the application pursuant to: Article 8/3 of the Decree Law No 556 on the Protection of Trademarks (genuine rights of the opponent); Article 8/4 (well-known status of the cited… »