Insights
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… »
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… »
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… »
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;… »