Insights
Compensation Claims Arising out of Distribution Agreements under Turkish Law
Introduction As a sui generis agreement under Turkish law, distribution agreement mainly contains the characteristics of a sales and purchase agreement; however, it also differs from the same since the distributor's role is not limited to simply purchasing the products from the supplier/principal and selling them to customers or end-users. Instead, in a distribution agreement, the distributor is incorporated into the distribution chain of the supplier with having the right… »
Cookies & Similar Technologies in Turkey
1. GOVERNING TEXTS 1.1. Legislation There is no specific legislation applicable to cookies and similar technologies. However, to the extent that cookies and similar technologies include or may be used to collect any data related to an identified or identifiable individual (personal data), then Law on Protection of Personal Data No. 6698 ('the Law') and its secondary legislation are also applicable to cookies and similar technologies which may be used by data controllers… »
Claiming Compensation for IP Infringement
IP right owners suffer a huge amount of damages in some IP right infringement cases as they invest substantial amounts for their rights. Therefore, compensation claims are of vital importance for IP right owners in order to recover their damages, protect reputation and have a deterrent impact on the infringing party. Since every IP right infringement act is primarily a tort, it is necessary to prove the wrongful act, fault of the infringing party, incurred damage and the… »
Can Foreign Court Decisions Concerning IP Rights Be Enforced in Turkey?
In principle, a court order rendered in a country has its legal effects and consequences only within the same country. For a foreign court decision to create legal effects and consequences in Turkey, this decision needs to be legally recognised and enforced by Turkish courts. The regulations regarding the recognition and/or enforcement of foreign court decisions are stipulated between Article 50 and 59 of the International Private and Civil Procedure Code (IPCPC) numbered… »
Borders and Principles of Processing Employee Data in Turkey in Light of DPA and Court Decisions
Click here to watch the webinar on this topic. Private life has been protected under the Turkish Constitution before the enactment of Data Protection Law came into force in 2016 in Turkey. Disputes related to monitoring employee personal data in the work place have been subject to court decisions based on the constitutional provisions mostly and also several decisions have been taken by the Data Protection Authority (“DPA”) in this respect. Legal grounds for data processing… »
Arbitration Proceedings Regarding Determination of Reasonable Amount for Employee’s Invention
In 2020, an arbitration judgment was held in accordance with the ISTAC serial arbitration procedure regarding the compensation request for employee invention and, as far as it is known, this is the first and pilot file in which the Regulation on Employee Inventions, Inventions in Higher Education Institutions and Public Funded Projects, will determine the price tariff for employees’ inventions and the arbitration procedure to be followed in case of dispute. Within the scope… »
Application of the Data Protection Law
The Data Protection Law applies to data controllers who process and transfer personal data under their control. Furthermore, in the situation where data controllers utilise the services of third party data processors for these processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to prevent any unlawful access or processing. The Data Protection Law does not envisage the… »
An Alternative to Data Transfers Abroad: Binding Corporate Rules
With the announcement dated April 10 2020, Turkish Data Protection Authority (“DPA”) determined Binding Corporate Rules as a mean to be used for the data transfer abroad based on Article 9/2 of Law on Personal Data Protection numbered 6698 (“Law”) and introduced a new tool for the highly controversial and ambiguous matter in Turkey. By indicating in the announcement that the undertakings taken as per Article 9/2 of the Law would be usually practical for the bilateral data… »
Ambush Marketing 2021 in Turkey
Hande Hançar and Baran Güney has contributed to the Turkey chapter of Ambush Marketing: A Global Legal Perspective book which is published by Global Advertising Lawyers Alliance (GALA) in January 2021. Description A global legal compendium of the laws related to ambush marketing in approximately 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world. Executive… »
Advertising Bans on Social Network Providers in Turkey
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Internet Law") known as Social Media Law in Turkey and the implementing regulation introduced new provisions and obligations regarding social network providers and their obligations in the second half of 2020. As per the cited amendments "Social Network Provider" was legally defined as real or legal persons that enable users to create, view… »
A Battle to Benefit from EPC 138/3
The IP Law of Turkey prohibits any kind of amendment/limitation of claims or patent documents after the patent has been granted. The only exceptions to this rule are the amendment/limitations made by the patentee during the national post-grant opposition phase, which was introduced to Turkish law in 2017. As per the introduction of a national post-grant opposition procedure, the Law also prohibits any ruling to be made in a revocation action against a national patent, while… »
Waiving from IP Rights in the Post-Covid Landscape
As the effects of the pandemic fade, it may be a good time to look into the lessons learned and take the necessary precautions against the next one. Indeed, pandemics have been a fundamental part of human history since time immemorial and diligently addressing the reasons for their emergence and the problems they create is quite important. However, the problem of inequitable access to drugs and vaccines faced during the pandemic remains unsolved today, with discussions of the… »