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Turkey Legal Update

January 2021

Turkish Color of the Month

Born in Elazığ on the east of Turkey, Saim Dursun, depicts, with the warm liveliness of light and color on his spatula, the true Anatolian picture uncovering the strong willpower of Turkish people and their joy of life despite hardship.

January By Saim Dursun ©

Sanctions Lined up for Social Network Platforms in Turkey

Data Protection and Privacy
By Begüm Yavuzdoğan Okumuş

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.


News and Events

Webinar: Advertisement Board Decisions - II: Important Advertisement Board Decisions of 2020
Webinar: Advertisement Board Decisions - II: Important Advertisement Board Decisions of 2020

Hande Hançar and Baran Güney will speak on the important Advertisement Board decisions of 2020 in Turkey.

Who’s Who Legal’s Data Research results announced
Who’s Who Legal’s Data Research results announced

Congratulations to Begüm on being listed among data experts.

Our Lawyers Shared Their Experiences at TOBB University
Our Lawyers Shared Their Experiences at TOBB University

Görkem Bilgin and Umut Talay shared their experiances at a lecture on "Mergers & Acquisitions".

Begüm Yavuzdoğan Okumuş Spoke at Hacettepe Law Club's "IT and Law Conference"
Begüm Yavuzdoğan Okumuş Spoke at Hacettepe Law Club's "IT and Law Conference"

Begüm spoke on evaluation of data breaches within the scope of KVKK and GDPR.


Arbitration and Virtual Hearings

Dispute Management
By Pelin Baysal, Melis Sılacı Korkmaz and Dilara Kaçar

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.


Employing a Trademark As a Domain Name Is Not Genuine Use

Trademarks and Designs
By Mutlu Yıldırım Köse and İrem Girenes Yücesoy

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.


A Battle to Benefit from EPC 138/3

Patent and Utility Models
By Selin Sinem Erciyas, Aysel Korkmaz Yatkın and Aysu Eryaşar

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.



Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again

Employment
By Beril Yayla Sapan, Asena Aytuğ Keser and Kardelen Özden

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.

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