Türkiye Legal Update - March 2023

The increasing importance of gender equality and the inclusion of women is a significant indicator of development. This article reviews and discusses the gender-based statistics of judiciary members.

Turkish DPA Fines Meta and WhatsApp Try 5,3m For Failure to Fulfill Their Registration Obligation to the VERBIS. Judicial remedy is also open against the decisions of the Turkish DPA, and the actions to be taken by Meta and WhatsApp regarding this issue will be known in the coming days.

Uncertainty of risk and the diversity of cyber-attacks causes insurance companies not to provide coverage for cyber security and NFT insurance. To encourage insurance companies, public intervention, and legal regulation are required.

Pursuant to the Amendment Law, those working in intellectual and artistic works at internet news sites in exchange of salary shall be deemed journalists and enjoy the rights granted to journalists in line with the Court of Cassation’s settled practice.

How the Unified Patent Court system will resonate in Turkey is yet to be seen. The system will have an impact especially on the patent invalidation proceedings and it will emerge depending on many factors, such as the correlation between EPO and UPC decisions over time, the speed at which UPC decisions are made, and the amount of UPC decisions that Turkish courts will face.

TURKPATENT rejected the trademark application for DEPLHI on the grounds of likelihood of confusion and bad faith of the applicant. The decision shows the importance of introducing all relevant material facts and conditions specific to the case, as they may support each other in reaching a bad-faith decision in a given case.