Insights
Business Development in the Digital World
FICPI-Turkey’s final event of 2020, “Office management in the new era and business development in the digital world” took place on November 12, 2020. FICPI-Turkey Board Member Gökçe İzgi and Chairman Uğur Aktekin moderated the webinar while Eraksoy Consulting Management Consultant Reşat Eraksoy and Gün+Partners Strategy and Business Development Director Umut Acar shared their experiences on “Office management in the new era” and “Business development in the digital… »
Arbitration and Virtual Hearings
Introduction At the beginning of COVID-19 pandemic, the world came to a halt, and it had to adjust its day-to-day needs to the present time. Governments adopted dramatic precautions to prevent the transmission of COVID-19: schools were closed, businesses were shut down, curfews were declared, and travel restrictions were adopted. One thing all these measures had in common was that they created greater challenges to holding in-person meetings. This undeniably impacted… »
Determining Similarity of Goods and Services in Trademark Opposition Proceedings
This article aims to discuss similarity of goods and services in case of an opposition against a trademark application before the Turkish Patent and Trademark Office (the office). Article 6/1-b of the IP Code sets forth that* “the trademark applied for shall be rejected in circumstances where it is identical or similar to an earlier application/registration, covers the same/similar goods or services therewith and creates a likelihood of confusion on the part of the public in… »
Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again
With two very recent Presidential Decrees published in the Official Gazette (31287) dated 27 October 2020, the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 November 2020, have been extended until 17 January 2021; and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended until 31 December 2020. Extension of termination ban and unilateral unpaid leave With the Presidential Decree 3135… »
New Code of Civil Procedure Extends Deadlines in Patent Litigation
The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the… »
Court of Cassation's Latest Approach to Actions for Unquantified Amounts of Receivables
Introduction When the new Code of Civil Procedure was enacted in 2011, it introduced a new case type to Turkish litigation, enabling plaintiffs to file actions for unquantified amounts of receivables, the determination of which is left to the courts. When filing such actions, plaintiffs must: state the amount of determinable receivables as the minimum amount subject to the dispute; pay a case fee based on this amount; extend their claim to the amount calculated by the court;… »
Turkish Court of Appeal Rules on Abuse of the Right to Sue
In a recent case concerning trade mark law, the Turkish Court of Appeal ruled that even in cases of bad faith on the part of the defendant, the claimant can face the principle of loss of right due to silence as well as the barrier of abuse of the right to sue. The decisions As some readers may be aware, two German companies, Speck Pumpen Verkaufsgesellschaft GmbH and Winter Pumpen GmbH, had a dispute over the SPECK trade mark. This trade mark conflict included some actions… »
ICTA’s Decision on Social Network Providers
Definition of "Social Network Provider" has been added to the Law numbered 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (“Internet Law”) with the amendments that entered into force as of October 01, 2020. Although the amendments have regulated main issues concerning social network providers, the details of their obligations and sanctions have been subject to discussions and required more clarification. Accordingly on… »
Advertisement Board Imposed Sanctions due to False Health Claims in Advertising of Food Supplements
In its decision dated 14th of July 2020 the Advertisement Board imposed sanction against the advertisement of a food supplement branded “No Attack”. According to Advertisement Board the advertising of this food supplement by celebrities in Turkey as well as the producer itself incorporated false health claim. Hence the Advertisement Board ordered to cease the broadcast of the said advertisements in any media and imposed administrative monetary fine corresponding to TRL… »
Turkish Data Localization Rules in Effect for Social Media Companies
On Oct. 1, 2020, amendments to the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (Law No. 5651), also known as the Social Media Law in Turkey, entered into force. The amendments define the term "social network provider," oblige them to appoint a local representative, set out procedures for content removal, request reports every six months, and require user data to be stored within Turkey. On Oct. 2, the Information and… »
The Regulation on Sales, Advertisement and Promotion of Medical Devices Has Been Amended
The regulation amending The Regulation on Sales, Advertisement and Promotion of Medical Devices was published in the Official Gazette No. 31232 dated 02.09.2020. The most important amendments made to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) related to the restrictions imposed on medical device sales and advertising activities and regulations on notices to be made in personnel changes. 1. New Regulations Imposed on Sales of Medical… »
Data Protection Law in General
On April 7, 2016, a new law on the protection of personal data came into force in Turkey: The Law on the Protection of Personal Data numbered 6698 (“Data Protection Law”). It is the first law of its kind in Turkey, specifically regulating the protection of personal data. The Data Protection Law is a step towards harmonizing Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). The Data… »