Insights
Court Rules on Monitoring Electronic Communications During Internal Investigations
Introduction White collar crimes – such as bribery, corruption and fraud – have been and continue to be a major concern for businesses of all sizes, regardless of the industry in which they engage. Internal corporate investigations are key to combating white collar crime. They aim to determine whether a company and its employees have been involved in bribery, money laundering, fraud or embezzlement. Internal investigations not only serve to determine crimes committed, but are… »
Court Appoints Former Partner as Gratuitous Bailee to Preserve Company Books
Introduction Under Article 82 of the Commercial Code (6102/2011), merchants are obliged to preserve company books and records, such as daybooks, inventories, general ledgers and general assembly decision books. The obligation to preserve a company’s books extends to post-liquidation, as per Article 544 of the Commercial Code, which provides that a company’s books and records must be preserved following the end of the liquidation process in accordance with Article 82. Article… »
Pharmaceutical Advertising 2016, Turkey Chapter
1. General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in your jurisdiction? 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 is published on July 3, 2015 by replacing the former… »
Draft Industrial Property (Rights) Law Includes Compulsory Licence Provisions
On May 5 2016 the draft Industrial Property (Rights) Law passed the Ministry of Science, Industry and Technology commissions with minor amendments. One of the most debated issues was the application of the doctrine of international exhaustion of IP rights to all IP rights (for further details please see “Turkey poised to adopt doctrine of international exhaustion”). Another hotly debated issue covered in the draft law is the inclusion of compulsory licensing provisions in the… »
TURKEY: New IP Code Open to Comment
Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Code on the website of the Turkish Patent Institute (TPI) for the opinions of relevant stakeholders, which includes anyone who would like to comment, but chiefly Non-governmental Organizations, business sector associations, IP-focused associations and IP law firms on February 24, 2016. The new IP Code that is being discussed consolidates the Turkish Decree-Laws on Trademarks, Patents, Industrial… »
Turkish Involvement in Foreign Corrupt Practices Act Investigations
Introduction Turkey stands out as a target market for foreign companies that want to expand their global reach, due to its geographical location, growing population and economy. Foreign companies investing in Turkey often establish subsidiaries through corporate structures in which officers have dual responsibilities and control over the parent company and the subsidiary. In other cases, companies may choose to run their business organisations with the help of third-party… »
Uncertainty Regarding Legal Status of Social Security Institution’s Reimbursement Commission (1)
Introduction On June 19 2015 the 15th Chamber of the Council of State stayed the execution of the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission (July 3 2014). However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015. Accordingly… »
Turkey: Clarification on Compensation Payable When an Employee Dies
The Turkish Code of Obligations (the “TCO”) stipulates under Article 440, that when an employee dies, the employer is obliged to pay compensation to his/her spouse and minor children, or legal dependants. An employment contract is deemed to terminate upon an employee’s death and the employer is then obliged to pay compensation equivalent to one month of the deceased employee’s salary. If the employee had worked for the employer for more than five years, the amount of… »
Decoding Products – Where IP Rights Clash with Competition Rules
Cases involving decoding – where retailers alter or remove the identifying marks placed on goods by rights holders – sit at the intersection of IP and competition law and need careful analysis, depending on both the sector and jurisdiction involved Decoding cases are one of the best examples of the interrelation between IP rights and competition rules, requiring an in-depth analysis of IP protection and free trade with – in most cases – rights holders on one side and parallel… »
The International Arbitration Review, Turkey Chapter, 6th Edition
I INTRODUCTION The use of arbitration as an ADR method in Turkey is on the rise, especially for international disputes. There is also a growing demand for the use of domestic arbitration, however, domestic parties mostly prefer court litigation for cultural and financial reasons and because of the way court and arbitration system is structured in Turkey. The establishment Arbitration of the IstanbulCentre, which aims to attract not only disputes involving Turkish parties but… »
The New E-Commerce Law Will Take Effect Soon In Turkey
The Law No. 6563 on the Regulation of Electronic Commerce (the “E-Commerce Law”) has recently been approved by the Grand National Assembly of Turkey and published in the Official Gazette on 05.11.2014. The E-Commerce Law will enter into force by 01.05.2015. The E-Commerce Law has been enacted in parallel with the EU Directive on E-Commerce (2000/31/EC). The major provisions to be underlined in the E-Commerce Law are related to commercial electronic communication. Currently… »
Originator Challenges Generic Drug and Ministry Price Reduction Decision
On October 12 2012 a global pharmaceutical company filed a patent infringement action and sought a precautionary injunction against a generic company on the grounds that the generic company had filed an abridged marketing authorisation application for the pharmaceutical which referred to the marketing authorisation dossier of the original product, one of the originator’s most profitable drugs in Turkey. The generic company was an affiliate of a major Turkish group. The patent… »