Insights
Changes to Minimum Wage, Severance Payments and Administrative Fines for 2021
At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect. Minimum wage In 2020 the monthly minimum wage rate was TL2,943 (gross). As of 1 January 2021, this has increased to TL3,577.50 (gross). The new rate applies from 1 January 2021 to 31 December 2021. The minimum wage applies to all employees, regardless of age, industry and experience. The… »
Advertising Bans on Social Network Providers in Turkey and Next Steps
The new provisions concerning social network providers which were brought by the Law Amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts, as also referred to as the Social Media Law in Turkey, entered into force on October 01, 2020. The new obligations and sanctions introduced for social network providers have remained a hot topic since the latest amendments to the Law No. 5651. Most recently, on… »
First Precautionary Injunction Granted in Turkey to Prevent Indirectuse of a Drug Patent
Much to rights holders’ dismay, Article 141 of the Turkish IP Code 6769, which lists acts that constitute patent infringement, does not include actions constituting indirect infringement. However, a provision in Article 86 does give patentees a right to prevent indirect use. This is similar to provisions in Article 60(2) of the UK Patents Act (1977) and Part 10 of the German Patent Law. Article 86, titled as ‘Prevention of the indirect use of the invention’, states that: The… »
Employing a Trademark As a Domain Name Is Not Genuine Use
The first instance Civil Court for Intellectual and Industrial Rights (IP court) in its decision rendered in October 2020 pointed out that the use of the subject mark as a domain name solely is not deemed sufficient to prove the use of the mark as a trademark. The decision concerns a revocation action due to non-use filed against a trademark which has been registered for more than five years, but has not been used properly and effectively on the relevant services within the… »
Are Mutual Termination Agreements Covered by the COVID-19-Related Termination Prohibition?
Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law. Termination prohibition On 17 April 2020 the Law on Minimising the… »
COVID-19: Temporary Ban on Distribution of Promotional Materials Lifted
On 17 November 2020, the Turkish Medicines and Medical Devices Agency announced (Turkish language) that physical promotional materials could be provided during visits to physicians, dentists and pharmacists, on their request, in accordance with hygiene rules. A prohibition on physical promotional materials being provided by promotion representatives during visits to physicians, dentists and pharmacists was introduced by the Agency on 5 June 2020 as part of its actions aimed… »
Sanctions Lined up for Social Network Platforms in Turkey
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Law No: 5651") known as Social Media Law in Turkey was published in the Official Gazette on July 31, 2020 and became effective as of October 01,2020. Information and Communication Technologies Authority (ICTA), as the competent authority, published the secondary regulation providing further clarification on October 02, 2020. The newly… »
Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again
With three very recent Presidential Decrees published in the Official Gazette (31343) dated 23 December 2020 and the Official Gazette (31350) dated 30 December 2020: the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 January 2021, have been extended until 17 March 2021, and In regard to short-time working practices implemented in scope of COVID-19: the term set out for the short-time working allowances granted to workplaces which… »
A New Era for Domain Names Under the ‘.tr’ Extension
Registering and managing ‘.tr’ domain names was previously carried out by Nic TR, but will now be performed by the ITCA The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future In contrast to the old system, the new system allows domain name sales transactions Background Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of… »
New Regulation on Processing of Personal Data in Electronic Communication Sector Has Been Published
The New Regulation on Processing of Personal Data and Protection of Privacy in the Electronic Communication Sector (the "Regulation") published in the Official Gazette on December 4, 2020 will come into force as of June 4, 2021. The Regulation sets forth procedures and principles applicable to the operators in in the electronic communication sector with respect to data (including personal data and data related to legal person subscriptions) which they collect within the… »
Recent Developments About the Commercial Electronic Message Management System (“IYS”)
By the amendments made to the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") on January 4, 2020, a Commercial Electronic Message Management System ("IYS") was created that allows receiving commercial electronic message approval, the use of the right to refuse, and the management of complaint processes and service providers intending to send commercial electronic messages were obliged to register with the IYS and upload the approvals… »
Parties Can Now Request an Extension to Object to Expert Reports
Introduction Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws (Amendment Law) entered into force on its publication in the Official Gazette (31199) on 28 July 2020. One of the significant amendments introduced by the Amendment Law concerns Article 281 of the Civil Procedure Code (CPC) 6100, which regulates parties' objections to expert reports. With this amendment, parties can now request an extension from the court to file their objections against… »