Insights
Turkey: Compulsory Licensing in The Draft Ip Law
The draft Industrial Property Law in Turkey was passed by the main and sub commissions of the Science, Industry and Technology Ministry with minor amendments on May 5 2016. As shared in the issue of May 25 2016, one of the most debated issues was the international exhaustion principle, accepted for any kind of IP rights. Another much debated issue of the draft law is about compulsory licensing provisions in the patent part of the draft law. The Patent Decree Law in force also… »
Amendments to Postponement of Bankruptcy Rules
Introduction On July 15 2016 Parliament enacted an omnibus bill which amended several laws. The Law on the Amendment of Some Laws to Improve the Investment Environment focuses on: reducing costs in relation to the investment environment; eliminating the legal differences in relation to R&D incentives; harmonising practices among financial institutions; encouraging foreign investment; and reducing the costs of establishing companies and opening branches. Conversely, the… »
Litigation Procedures and Strategies in Turkey
Turkey is a party to most major international treaties relating to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property. Turkey is also a member of international organisations such as the World Trade Organisation that have a connection with intellectual property. Legislative framework and causes of action Turkey is a party to most major international treaties… »
Court Rules on Monitoring Electronic Communications During Internal Investigations
Introduction White collar crimes – such as bribery, corruption and fraud – have been and continue to be a major concern for businesses of all sizes, regardless of the industry in which they engage. Internal corporate investigations are key to combating white collar crime. They aim to determine whether a company and its employees have been involved in bribery, money laundering, fraud or embezzlement. Internal investigations not only serve to determine crimes committed, but are… »
The International Arbitration Review, Turkey Chapter, 7th Edition
I. INTRODUCTION The use of arbitration as an ADR method in Turkey is on the rise, especially for international disputes. There is also a growing demand for the use of domestic arbitration; however, domestic parties mostly prefer court litigation for cultural and financial reasons and because of the way the court and arbitration system is structured in Turkey. The establishment of the Istanbul Arbitration Centre (ISTAC), which aims to attract not only disputes involving… »
Recent Amendments to Stamp Tax Law in Turkey
Stamp tax in Turkey is only applicable to transactions that take place in within Turkish borders. In transactions where the deal volume is high, stamp tax can often be a hindrance since it can be a real burden on the parties. Stamp tax is regulated by the Stamp Tax Code (Numbered 488) and applies to a wide range of papers such as agreements, surety, guarantee and pledge documents, settlement letters or bills of lading. The term “paper” within the scope of Stamp Tax Code means… »
Descriptive, or Not Descriptive—That Is the Question: A Review Under Turkish Law of Likelihood of Confusion When Trademarks Share Descriptive Terms
I. INTRODUCTION In a landmark decision, Diamond Kuyumculuk Ticaret Limited Şirketi v. Med-Art Sağlık Hizmetleri ve Kuyumculuk Sanayi ve Limited Şirketi (the “BLUEDIAMOND decision”),¹ the General Assembly of the Civil Chambers of the Court of Appeals of Republic of Turkey found a likelihood of confusion between two trademarks, each covering, inter alia, jewelry and clock goods and design services, based only on the common use of the word “diamond,” which is inarguably… »
Turkey: What Will The New IP Code Bring?
On February 24 2016, the Ministry of Science, Industry and Technology circulated the draft IP Code on the website of Turkish Patent Institute (TPI). Having passed through various informal and formal consultation stages, the draft IP Code is now in its final enactment stage before the Turkish Parliament and expected to enter into force before the end of 2016. The draft IP code will replace the decree-laws pertaining to protection of trade marks, patents, geographical… »
Turkey’s Long Road To Become An Oil & Gas Hub
Turkey is on a journey toward becoming an oil and gas hub. But the country has to face geopolitical and financial challenges to achieve this goal, while it enjoys a perfect geographic location and has the necessary legislation; say Ozan Karaduman, managing associate of Istanbul-based law firm Gun and Partners, and associate Direnç Bada. Turkey is not a large producer of oil and natural gas resources. Its oil‒gas production is minimal when compared to its hydrocarbon-rich… »
Cross-Border Transfers and On-soil Requirements in Turkey
The Protection of Personal Data Law numbered 6698 (‘Law’) was enacted in Turkey on 7 April 2016, with detailed provisions relating to the protection of personal data. It defines ‘personal data’ as ‘any type of information that relates to an identified or identifiable natural person.’ The main principle is that personal data can only be transferred abroad once the data subject has provided explicit consent. However, there are certain exceptions, such as if the processing is… »
How Will the New Turkish IP Code Affect IP Practice in Turkey?
A new Turkish intellectual property (IP) code has been touted since the mid-2000s and although several drafts have been prepared, none of them have been enacted despite some changes made in the legislation already in force. Finally, this year, the Draft IP Code, a single code covering trademarks, geographical indications, designs, utility models, and patents, was prepared.On February 24, 2016, The Ministry of Science, Industry and Technology opened the Draft Code for public… »
Changes in Landscape of Foreign Supply of Non-Approved Products
In May 2016 the Pharmaceutical and Medical Device Agency – established under the Ministry of Health – amended the Guidelines on the Supply from Abroad and the Use of Pharmaceuticals, which changed the practice of the Named Patient Programme (NPP) in Turkey. Supplying nonapproved or unavailable pharmaceutical products from abroad is an exceptional route under the NPP. However, increased regulatory and price pressures in recent years have resulted in more products becoming… »