Insights
Patents, Trade Marks, Copyright and Designs 2022 in Turkey
Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies. A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period. The applicant must prove the following to obtain a patent: Novelty. Inventive step. Industrial… »
Cross-border IP Right Assignments 2021 in Turkey
Key aspects of intellectual property right assignments Definition of IP Rights Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights? Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey… »
New Ways of Working in Turkey
Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors? Article 14 of the Turkish Labour Act (TLA) defines remote working as a contractual employment relationship in which employees carry out their duties from home or other locations outside the workplace, sometimes through digital platforms.… »
Product Liability and Safety 2022 in Turkey
Sources of Law What are the main areas of law and regulation relating to product liability? The Product Safety and Technical Regulations Law 7223 (Law 7223) is the main law regarding product safety. Replacing Law 4703 on the Preparation and the Application of the Technical Regulations Related to Products, Law 7223 places some new obligations on actors who supply products to the market. It also ensures that the national legislation is in line with the European Union's 2019… »
World Intellectual Property Rights and Remedies 2021, Turkey Chapter
World Intellectual Property Rights and Remedies features analysis and commentary by leading practitioners on key intellectual property legislation from jurisdictions throughout Europe, Latin America, and Asia, as well as English translations of key intellectual property legislation from non-English-speaking jurisdictions. Each chapter clearly describes the nuances of local practice regarding how to register and protect copyrights, patents, trade, and service marks. Find… »
Sweepstakes & Contests: A Global Legal Perspective Second Edition - Turkey Chapter
The Global Advertising Lawyers Alliance (“GALA”) releases the second edition of “Sweepstakes & Contests: A Global Legal Perspective” book on OCT 2021. The book consist of a global legal compendium of the laws related to sweepstakes & contests in 70+ countries around the globe. Turkey chapter of the book was prepared by Hande Hançar and Baran… »
Patent Litigation 2022 in Turkey
1. What are the principal sources of law and regulation relating to patents and patent litigation? 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. Regulation on the Implementation of the… »
Employment and Employee Benefits 2022 in Turkey
1. Do the main laws that regulate the employment relationship apply to: Foreign nationals working in your jurisdiction? Nationals of your jurisdiction working abroad? Laws Applicable to Foreign Nationals Under Article 27 of the Act on Private International and Procedural Law No. 5718, employment contracts with a foreign element are subject to the governing law chosen by the parties, without prejudice to the minimum protection that employees are… »
Determination of Evidence in Disputes Over Pharmaceutical Patents
Introduction The determination of evidence, one of the most important temporary legal protection measures regulated in Turkish law, is an institution that ensures the protection of evidence which will assist in proving the matter in question. Considering that the adversarial trial process is adopted in Turkish civil procedure law, the significance of the rights holder being able to have the evidence that will help them prove themselves effectively determined is clear.… »
Implementation of the Limitation of Goods and Services by the Turkish Patent and Trademark Office
The office provides an opportunity to limit the list of goods/services in terms of international trademark applications filed via WIPO However, it does not allow applicants to limit goods and services when it comes to national trademark applications This controversial approach eliminates a method commonly used by applicants to avoid potential disputes Limitation of goods/services The Turkish Patent and Trademark Office (‘office’) applies the Nice Classification for the… »
What The Plausibility Requirement Means For Turkish IP Law
Grounds for invalidation of a patent under the Turkish Industrial Property Law (6769) are listed as per the numerus clausus principle. The concept of plausibility – which, in recent years, has been the subject of numerous evaluations (especially by the EPO) and frequently debated in academic circles – has not yet found a place within the scope of any legal regulation in Turkey and there is no consensus on the Turkish word that meets this concept as a legal term. However, the… »