Insights
Outside Influence
Turkey has been among the fastest growing insurance markets of its size in Europe. Along with the rapid growth in its insurance sector, there have been major changes to its legislation in the last few years. New laws have improved the regulatory framework and brought the industry more in to line with international practice. Although its top three insurers are Turkey-based, the market has a high level of foreign investment from Gulf countries, Malaysia and Europe. The current… »
TPI Finally Publishes New Draft IP Law
On February 24 2016 the Turkish Patent Institute (TPI) published its long-awaited draft IP Law proposing amendments to patent rights in Turkey. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents). Improvements The draft appears to be promising, particularly in comparison to the previous proposals to… »
Social Security Institution Publishes Clarifying Addendum to New Data-Sharing Guidelines
Introduction On January 8 2016 the Social Security Institution announced details of the application form required to request access to the personal data that it holds. The application form was prepared by the Data Sharing Commission, established as part of the Social Security Institution pursuant to the Guidelines on the Procedures and Principles Relating to the Use, Sharing and Protection of Social Security Institution Data. The Social Security Institution’s announcement… »
A New Turkish IP Law – How Will it Affect
On 24 February 2016 the Turkish Ministry of Science, Industry and Technology circulated the draft IP Law on the website of the Turkish Patent Institute (TPI), inviting comments and suggestions. The draft law seeks to replace the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs, all of which date back to 1995, by bringing all those rights together within the ambit of a single Code. It mainly incorporates provisions already… »
Turkey Plans New Trade Mark Law
On 24 February 2016 Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Law on the website of the Turkish Patent Institute (TPI) as part of a consultation exercise. The intention of the Turkish government is to replace the current Decree-laws on the protection of trade marks, patents, geographical indications and designs — which date back to 1995 — with a single consolidating and amending Code. The trade mark chapter includes changes which seek to… »
Turkish Involvement in Foreign Corrupt Practices Act Investigations
Introduction Turkey stands out as a target market for foreign companies that want to expand their global reach, due to its geographical location, growing population and economy. Foreign companies investing in Turkey often establish subsidiaries through corporate structures in which officers have dual responsibilities and control over the parent company and the subsidiary. In other cases, companies may choose to run their business organisations with the help of third-party… »
Apples and Oranges: Uncontested Invoices and Binding Contracts
Introduction The answer to the question of whether invoices can create legally binding contracts is generally no; an invoice does not constitute a contract by itself. However, the issue becomes tricky when the recipient has not objected to the content of an invoice or has recorded it in its accounting books. In that case, the legal presumptions that apply to the evidentiary status of invoices and accounting books can indicate that the invoice and the product or service… »
Turkey a Rising Star in Pharmerging Market
MARKET GROWTH FORECASTS The forecasts draw an optimistic picture. The global pharmaceutical market is expected to grow at a 4-6% compound annual growth rate (CAGR) in developed markets and 7-9% CAGR in pharmerging markets by 2019. The market size for Turkey stood at $6.2 billion in 2014 and is expected to grow to $10.9 bn until 2019. MARKET ACCESS Article 15 of the Licensing Regulation issued by the Turkish Ministry of Health (MoH), in parallel with the European Directive… »
Uncertainty Regarding Legal Status of Social Security Institution’s Reimbursement Commission (1)
Introduction On June 19 2015 the 15th Chamber of the Council of State stayed the execution of the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission (July 3 2014). However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015. Accordingly… »
Turkey: Clarification on Compensation Payable When an Employee Dies
The Turkish Code of Obligations (the “TCO”) stipulates under Article 440, that when an employee dies, the employer is obliged to pay compensation to his/her spouse and minor children, or legal dependants. An employment contract is deemed to terminate upon an employee’s death and the employer is then obliged to pay compensation equivalent to one month of the deceased employee’s salary. If the employee had worked for the employer for more than five years, the amount of… »
Trade Secret Protection Turkey Chapter
1. Substantive aspects of both criminal and civil law 1.1 Legal theories and principal sources of lawIn Turkey there is no specific law or other legislation in effect with regard to trade secrets and their protection – the interest of the owner provides an imperfect exclusive right over trade secrets. They are not protected under specific laws, but protected under the general provisions of Turkish civil law. The most general provision that constitutes a basis for the… »
Interpretation of Force of EPC and Institutions of EPO by Turkish IP Courts
The European Patent Convention (EPC) is a part of Turkish national domestic law and is enforced in Turkey under Article 90 of the Turkish Constitution. Furthermore, it was formed under international agreement and as a result cannot be claimed as unconstitutional. The EPC law can be applied directly in Turkey and therefore it is legally binding. Alongside other member states, Turkey also declared and signed the EPC and as such recognises the competence and the decisions of the… »