Administrative revocation will be possible before the Office as of 10 January 2024.
According to Article 9 of the Industrial Property Law No. 6769 (“IPL”), if a trademark is not used in five years as of its registration date or its use is suspended for a consecutive period of five years; it will be vulnerable to revocation due to non-use.
Revocation of trademarks based on non-use were traditionally filed as a court action before the specialized IP courts under the previous…
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Beril Yayla Sapan and Begüm Yavuzdogan Okumuş have contributed to Data Guidance Turkey - Employment, which is published by OneTrust.
OneTrus Data Guidance Turkey - Employment provides detailed information on employee privacy and data protection regulations in Turkey, covering key legislation, official guidelines, supervisory authorities, and case law. It outlines the absence of a specific employee privacy law in Turkey but emphasizes the importance of the Personal Data…
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Overview
On 14 September 2022, TRABIS (‘.tr’ Network Information System) took over the management of ‘.tr’ extended domain names with the Regulation coming into force in Türkiye.
According to the Regulation, domain names can be allocated as documented or undocumented. Undocumented allocation is carried out within the framework of the ‘first come, first served’ rule. This rule is applied to domain names with the most commonly used extensions such as ‘.com.tr’, ‘.org.tr’…
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The Constitutional Court in its decision dated 12.10.2023 and numbered 2020/7518, published in the Official Gazette dated 15.12.2023, determined that the deficiencies in the proceedings against the administrative fine imposed by the Personal Data Protection Board (the “Board”) on a global hotel chain (the “Applicant”), in which the Board determined to have violated its obligations to ensure data security, violated the Applicant’s right to property. Within this framework, the…
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Pharmaceuticals not authorized in Turkey or authorized pharmaceuticals not available in the market, shall be procured from abroad as per a special authorization (named patient program) in cases where patients require such pharmaceuticals.
While this exceptional import regime for pharmaceuticals was until recently regulated by the Medicines and Medical Devices Agency ("Agency") through guideline, the Regulation on Supply of Pharmaceuticals from Abroad ("Regulation") was…
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Pursuant to Article 1524 of the Turkish Commercial Code (the "TCC"), joint stock and limited liability companies that are subject to independent audit (for detailed information on which companies are subject to independent audit please click here to access our article on the subject) are required to open a website within 3 months following the date of their incorporations in the trade registry or the date of entry into force of this obligation, and to devote a certain portion…
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The Ministry of Commerce, aligning with the European Union and the Free Trade Agreement frameworks, has introduced some regulations for importing electric vehicles.
On November 29, 2023, the Communiqué on the Import of Some Electric Vehicles (the “Communiqué”) was published on the Official Gazette.
The Communiqué serves the purpose of regulating the import of electric vehicles belonging to non-European Union member states and Free Trade Agreement non-signatory states…
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On 30 October 2023, the Turkish Medicines and Medical Devices Agency (Agency) published an announcement (Turkish language) regarding products that are not considered within the definition of medical device or the scope of the legal framework. The Agency stated that, while some products which were considered medical devices or in vitro diagnostic devices under the legislation repealed by the EU Regulations 2017/745 and 2017/746 are excluded from the scope of the medical device…
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Filing patent invalidation actions for tactical purposes such as jeopardising patent infringement actions of patent owners and gaining time by complicating the infringement proceedings has become a common strategy of infringers in recent years. This strategy may cause the patent owner to suffer due to the inability to use its patent properly during the limited protection period of 20 years, even if the invalidity claims do not have a solid basis and they are filed on a ‘try…
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With the Presidential Decree numbered 7887 and published in the Official Gazette dated 25 November 2023 and numbered 32380, it has been decided to increase the minimum capital amount for joint stock and limited liability companies by 5 times.
According to this regulation, as of 1 January 2024, the new minimum capital amounts will be as follows:
Minimum Capital Amount According to the Previous Legislation
Minimum Capital Amount According to the New…
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There are questions concerning whether a trade name or business name can constitute trademark infringement and unfair competition, particularly in cases where the trade name is not used as a trademark. This criticism has been disputed under both the Decree Law No. 556 Pertaining to Protection of Trademarks and the Industrial Property Code (“IP Code”)[1]. The Courts has made numerous decisions regarding this topic.
The issue was discussed in the decision dated 08 February…
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Article 4 of Code No. 4054 on the Protection of Competition ("Code") prohibits agreements, concerted practices, and decisions that restrict competition. The Regulation on Active Cooperation for Detecting Cartels ("Existing Regulation") published in the Official Gazette dated 15.02.2009 and numbered 21142 has been in force for more than 14 years to reveal cartels, which are considered the most serious competition violations in competition law, involving agreements and/or…
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