The Entry Strategy and Key Issues to Consider When Establishing Operations in Turkey
Foreign investment has been considered as an important driving force of stable economic growth in the last few decades in Turkey. Especially in the last ten years, we have seen a considerable increase in the foreign investment in Turkey through large or medium sized M&A deals, joint ventures of Turkish and foreign investors and start-up foreign investments in all sizes and in various sectors. Although total foreign direct investment inflows to Turkey prior to 2003 were… »
Turkey: 2014 Changes to Turkish Internet Law
With approximately 40 million broadband internet subscribers, the increasing prevalence of smart devices and the significantly high young population in Turkey; intensive use of the Internet, social media and e-commerce is rising each day. The increase of Internet usage through new technologies in both social life and commercial life also introduces discussions on the scope of freedom of speech, protection of private life, freedom of communication rights and a secure… »
Graft probe and OECD Foreign Bribery Report
Introduction International Anti-corruption Day, on December 9 each year, aims to raise awareness of corruption and its destructive impact on society. In 2014 it was celebrated with the publication of the first-ever Foreign Bribery Report by the Organisation for Economic Cooperation and Development (OECD). The report is an important international initiative in the fight against corruption. It examines 427 bribery cases concluded in member countries in the 15 years since the… »
Turkish Delights? Choosing the Most Effective Corporate Structure for Investing in the Turkish Market
When investing in the Turkish market investors should consider the legal procedures for terminating their business activities in advance, should a clean exit be required. A straightforward winding-up procedure will take at least a year. If the company’s assets do not cover the debts, the shareholders and the managers will be personally liable from their own assets. The Tax Procedure Law introduces an aggravated liability regime for LLC shareholders and holds them liable in… »
Constitutional Court: IP Rights to be Regulated by Law
The director of the Turkish Patent Institute recently gave a speech on the draft Patent Law, which amends certain clauses of the existing Patent Decree-Law. He stated that the aim of the draft patent law is to enable Turkey to develop its own pharmaceutical patents, to reduce dependence on imports and to harmonise national law with international agreements. While the draft Patent Law is still pending on Parliament’s agenda, the Constitutional Court recently handed down a… »
Pharmaceutical Advertising 2015, Turkey Chapter
1 General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in Turkey? In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former. The Promotion Regulation was published on August 26, 2011, came into effect on December 31… »
The liability of Hosting Providers for Trademark Violations in Connection with The Online Sale of Counterfeit Products Under Turkish Law
General Assembly of the Civil Chambers of the Court of Appeal, 2013/11-1138, 2014/6 The Court ruled that website operators will be held liable where the seller whose products are sold through the operator’s website infringes another party’s trade mark. Analysis of the Recent Decision of Turkish Court of Appeal There are no specific regulations governing the liability of online website sale operators in case the primary seller whose products are sold through the online sale… »
Changing Approach of Courts to Bolar Exemption
On June 22 2004 Turkey implemented the Bolar exemption by adding Article 75/1(f) to the Patent Decree-Law (551). Accordingly, regulatory acts such as obtaining marketing authorisation and conducting experiments and tests necessary to obtain marketing authorisations are exempt from the scope of patent rights. The purpose of the Bolar exemption should treated carefully in order to protect the delicate balance between the parties’ legitimate interests. The patent protection term… »
New Body Established to Manage Healthcare Industry
On November 26 2014 a new autonomous administrative body to manage the Turkish healthcare industry was established under Law 6569 on the Establishment of the Presidency of Turkish Healthcare Institutes and the Amendment of Other Codes and Decree Laws, published in the Official Gazette. Presidency of Turkish Healthcare Institutes The Presidency of Turkish Healthcare Institutes aims to provide services in the healthcare science and technology sectors for the benefit of public… »
A New Take on the Concept of Vested Trademark Rights
The Re-examination and Evaluation Board (REEB) of the Turkish Patent Institute (TPI) recently found that prior identical trademark registrations which were less than five years old did not provide the owner with vested rights in favour of a new application, as the registrations were still vulnerable to cancellation (Decision 2015-M-11090, November 26 2015). The REEB accepted the opponent’s appeal and rejected the contested trademark application. Facts On June 28 2013 the… »
Is Turkey Doing Enough to Drive Foreign Direct Investment to Sustain its Domestic Economy?
Owing to its geo-political importance Turkey has long been a popular recipient of foreign-direct investment (FDI). 2014 has seen FDI rise significantly with an increase of 9.8% compared to 2013. Foreign investments also reached USD 8.6 billion according to data released by the Ministry of Economy. Between January and July 2014, some 2373 new companies and branch offices were established and an additional 94 foreign capital participations to existing local companies were also… »
Electoral Advertising in Turkey: How was The Recent Turkish Presidential Election Advertised?
Electoral advertising in Turkey is possible under certain conditions stipulated by law. The principal law which regulates the principles of elections in Turkey is the Law on Basic Provisions on Elections and Voters Registers (“Election Law”). According to Article 55/B of the Election Law, the political parties and independent candidates can make propagandas by oral, written or visual advertisements oriented to the voting period in printed media or by way of opening websites… »