Türkiye Legal Update - January 2021

Talks on possible advertising ban has already created a great hesitation among the stakeholders. If ICTA issues an advertisement ban decision, social network providers will have their final 3 months to appoint representative in Turkey.

In a recent judgement given by the Austrian Supreme Court, it is confirmed that an arbitrator can schedule a virtual hearing despite a party’s objection if the conduct of the proceedings ensures parties’ right to a fair trial.

In parallel to the recent decisions of the Turkish Court of Appeals, the first instance court decided that the use of trademark as a domain name by itself is insufficient to prove genuine use.

Although both the EPC and IP Law allow limitation of claims, a patentee practically battles to win this result, which is important for any European patent owner who may need to benefit from EPC 138/3 during a revocation action in Turkey.

Three recent Presidential Decrees extended the terms of termination ban and unilateral unpaid leave until 17.03.2021; the term of short-time allowance until 28.02.2021; and the application term for short-time working until 31.01.2021.