Insights
A Current Plagiarism Debate: “Bit Palas vs. Sinek Sarayı”
“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source." While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under… »
Work Bearing The Characteristics Of Its Author And The Signs of Work
Work Bearing The Characteristics Of Its Author And The Signs of Work The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The recent decision of the Court of Cassation[1] has been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW, especially with regard… »
Freedom of Quotation in Cinema Works
With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the… »
The Insurance and Reinsurance Law Review, 12th Edition, Turkey Chapter
Chapter 1 Turkey Aysel Korkmaz Yatkın, Görkem Bilgin, Asena Aytuğ Keser and Edanur Atlı[1] I. Introduction i. Nature of the insurance and reinsurance market There are currently 74 active insurance companies incorporated in Turkey, consisting of 50 non-life insurers, 19 life and pension insurers and five reinsurers.[2] The premiums collected in 2023 amounted to approximately 486 billion Turkish lira, an increase of 106.8 per cent compared with the previous year. Of this… »
Key Challenges to Ethical Business in Türkiye
Humans have to live as a society in solidarity with others for survival, security, and continuation of the species. Equity (fairness) and cooperation must be core values in these societies if these three basic objectives are to be secured. The survival and progress of societies depend on cooperation which in turn depends on equity and fairness. Ethics and the law Although it is far from being ideal, justice is the best means humankind has developed to realise these values.… »
Decision on the Protection of Neighboring Rights in Cinematographic Works
The copyright law dispute, also known by the public as the case of famous actor Kemal Sunal, was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers (“General Assembly”) after going through various stages for many years.[1] In the lawsuit filed by the heirs of Kemal Sunal, the dispute centers on (i) whether it is possible to accept that Kemal Sunal’s economic rights as a performing artist within the scope of Article 80 of the Law No. 5846… »
Likelihood of Confusion of Medicines for Human Use and for Animal Use
As educated consumers should be taken into account, particularly when comparing the trademarks covering medicines, it is a well-established principle that the likelihood of confusion between the trademarks covering the goods in class 05 is harder to occur. The Turkish Court of Cassation (“the Coc”) has reiterated this concept repeatedly, so the courts strictly adhere to it and consider a great degree of similarity before accepting that healthcare professionals might confuse… »
Guideline on Medicine Priority Assessment Has Been Updated
In accordance with the Regulation on Licensing of Human Medicinal Products, the Guideline on the Working Procedures and Principles of the Priority Assessment Board for Human Medicinal Products ("Guideline"), which sets out the procedures and principles regarding the prioritization applications submitted to the Turkish Medicines and Medical Devices Agency ("Agency") and the working of the Priority Assessment Board for Human Medicinal Products ("Board") established within the… »
Patents Throughout the World Chapter 169 Turkey
Law At national level, the main sources of patent law are the: Industrial Property Code No. 6769 (IP Code); Regulation on the Implementation of the IP Code; Regulation on Employees' Invention, Inventions Realised in Higher Education Institutions and Inventions Realised as a Result of Publicly Funded Projects; and Regulation on the Implementation of the European Patent Convention Regarding the Grant of European Patents in Turkey. Conventions Turkey is a party to almost all… »
Designs and Utility Models Throughout the World Chapter 149A Turkey
I. Introduction Law The Industrial Property Code no. 6769 (““IP Code””) entered into force on January 10, 2017. Conventions International Convention (Stockholm) (see Appendix 1); Hague Agreement Concerning the International Registration of Industrial Designs (see Appendix 2); Locarno Agreement for the International Classification of Industrial Designs (see Appendix 3); Patent Cooperation Treaty (see Appendix 4(a)); Strasbourg Agreement Concerning the… »
New Rules for Content Ratings in Television Programs
Amendments to the Regulation on the Procedures and Principles of Media Services ("Regulation") introduced new rules regarding the content rating for television programs. New rules immediately entered into force upon publication in the Official Gazette dated 13.06.2024 and numbered 32575. The new amendments are particularly relevant for news programs and, in some cases, live broadcast programs. Highlights of the Amendments: It is regulated that the Content Rating System will… »
Challenging and Enforcing Arbitration Awards: Türkiye 2024
Must an award take any particular form? Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: the names, surnames, titles and addresses of the parties, their representatives and lawyers; the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; the place of arbitration and the date of the award; the name, signature and a dissenting opinion, if any, of the arbitral tribunal;… »