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. Painter Saim Dursun passed away in August 13, 2021 at the age of 62.
Guidelines on Use of Cookies in Turkey
The Guidelines on Use of Cookies (the “Guidelines”) was published by the Personal Data Protection Authority (the “Authority”) on June 20, 2022 which outlines good practice examples to guide data controllers. The Guidelines explain principles on use of cookies for data controllers to process data on legal grounds, use appropriate privacy notices and obtain explicit consent from data subject legally. Cookie Types Cookies are defined as low-sized, rich-format texts that allow…
Misbehaviors of Employees, Which Do Not Reach The Level of Bullying Yet Disrupt the Workplace Peace, as Valid Grounds For Termination
According to article 25(2)(d) of the Turkish Labour Act,(1) an employee bullying their employer, one of their family members or another employee constitutes a just cause for termination. Several precedents of the Court of Cassation state that "bullying" refers to threats, insults or battery. That being the case, employers often wonder whether other acts of misbehaviour by employees, which do not technically qualify as bullying yet disrupt workplace peace, may constitute…
Amendment on the Decision on Pricing of Medicinal Products for Human Use
The Presidential Decree numbered 6365 Amending the Decision on Pricing of Medicinal Products For Human Use (“Decision”) was published in the Official Gazette numbered 32008 on 9 November 2022. The following paragraph has been added to Article 2 of the Decision: “Discount practices that cause temporary price changes in country/countries where the product is offered for sale, special practices related to product classification and taxation practices shall not be taken into…
The Dangers of Basing Preliminary Injunctions on Determination of Evidence
Determination of evidence, which is one of the most important temporary legal protection measures regulated in our law, is an institution that ensures the protection of evidence that will assist the proving of the matter. Considering that the adversarial trial process is adopted in our civil procedure law, the significance of the right holder being able to have the evidence which will help them prove their rightness effectively determined, is clear. However, as will be…
Debate on well-known Trademark Registry Expected to be Resolved Soon
The PTO is determined to maintain its well-known trademark registry, even though the Court of Cassation held that it has no authority to do so Rights owners may continue to file applications for the recognition and recordation of their trademarks as well knownbefore the PTO New regulation is expected to give the PTO explicit authority to keep the well-known trademark registry Background In 2020 the Court of Cassation concluded that the Patent and Trademark Office (PTO) had…
Turkish Court of Cassation’s Recent Decision on Search and Seizure Orders is Strengthens the IP Owners’ Position
In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul…