Artificial intelligence (AI) technologies, as one of the fastest-developing and most widely debated fields today, provide significant benefits to individuals and society while also posing various risks in terms of personal data protection. Recently, the widely discussed DeepSeek has been subjected to review by the European Commission and relevant data protection authorities.
The Personal Data Protection Authority (“Authority”) has issued the following recommendations for…
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With the amendment made to Article 9 of the Personal Data Protection Law No. 6698 (“Law”), titled “Transfer of personal data abroad”, standard contracts have been introduced as one of the appropriate safeguards that data controllers and data processors may rely on for the transfer of personal data abroad. With the enactment of the law amendment on June 1, 2024 with a three-month transition period for cross-border data transfers, and the publication of the Regulation on the…
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The Higher Board recognised that stricter conditions apply to the limitation of goods and services for national applications compared to international applications filed via WIPO
The limitation applications rejected by the Trademarks Department were in accordance with the law and should have been accepted
The decision emphasises that parties should be encouraged to resolve disputes through amicable agreements
Background
The Trademarks Department of the Patent and Trademark…
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Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional
An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority
The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the…
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Within the context of the entry into force of Article 26 of the Industrial Property Code, there have been heated discussions as to whether the administrative revocation of trademarks is constitutional
An IP court applied to the Constitutional Court to annul the office’s authority to revoke trademarks before the office was able to use such authority
The Constitutional Court rejected the application due to the court's lack of jurisdiction and did not examine the…
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Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing…
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In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye.
The Role of TRABIS
TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names.
Upon the introduction of TRABIS, the first-come…
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The defendant in a non-use revocation action argued that the pandemic was a force majeure event which had compelled it to cease using its trademark temporarily
The court disagreed, holding that the mark at issue, registered for personal care goods in Class 3, should have been used even more intensively during the pandemic
The pandemic will not, in itself, be accepted as a justified reason for non-use in revocation actions
After the covid-19 pandemic was declared globally…
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After long years of deliberation, the Agreement establishing the Unified Patent Court (“Agreement”) was accepted on majority of the European Union (EU) member states in 2013 and entered into force on 01 June 2023.
The Unified Patent Court (UPC) was envisaged as a common court for the member states party to the Agreement. And thus, the UPC became part of the judicial system of the member states party to the Agreement and was authorised to resolve disputes concerning European…
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The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and…
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A recent decision by the Court of Cassation regarding trademark similarity in the food supplements and vitamins sector offers a different perspective on the criteria for assessing trademark similarity. This decision provides valuable guidance for launching these products in compliance with both trademark law and sector-specific conditions.
Background
The decision of the 11th Civil Chamber of the Court of Cassation (“CoC”) dated May 28, 2024 (case no. E. 2023/911, K.…
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At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. This article provides an overview of the 2025 changes, which came into effect on 1 January 2025.
Minimum wage
In 2024 the monthly minimum wage rate was 20,002.50 Turkish liras (gross). As of 1 January 2025, this has increased to 26,005.50 Turkish liras (gross). The new rate applies from 1 January 2025 to 31 December 2025.
The minimum wage…
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