Background
On 19 November 2018 a Turkish company filed an application for the registration of the word mark SAMS in all classes (Classes 1 to 45).
Following the publication of the application in the Official Trademarks Bulletin, the owner of the well-known SAMSONITE trademarks filed a partial opposition against the application based on a likelihood of confusion for some of the goods in Classes 6, 9 and 18.
In its decision dated 1 October 2019, the Trademarks Department of the…
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In accordance with Personal Data Protection Law No. 6698 and the Regulation on Data Controllers’ Registry (“Regulation”), data controllers shall get registered to the Data Controllers’ Registry (“VERBIS”). Deadlines for the registration obligation is announced by the Personal Data Protection Board (“Board”). Although the previous deadlines designated by the Board expired, in accordance with the Board’s decision dated 01.03.2021 and numbered 2021/238, a new deadline is set for…
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Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?
Article 14 of the Turkish Labour Act (TLA) defines remote working as a contractual employment relationship in which employees carry out their duties from home or other locations outside the workplace, sometimes through digital platforms.…
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Appointment of a data privacy officer is regulated in detail under the EU General Data Protection Regulation. Mandatory DPO appointment is imposed under certain circumstances, and legal requirements are determined for the DPO role in terms of qualification as well as authorization. Under the Law on Protection of Personal Data numbered 6698 in Turkey, there is no legal requirement to appoint a DPO for data controllers, but there is a role introduced for the purposes of…
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During the Covid-19 pandemic, when many companies provide opportunities to their employees to work remotely, hybrid working models are also being considered recently. For many purposes related to occupational health and safety, reduction of infection risks at workplaces and determination of new working conditions, the employers need to collect personal data of their employees such as their PCR/antibodies test results and information about whether they are vaccinated and had…
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Judges represent the state while exercising their judicial power on behalf of the nation. In this respect, it is the principle that the judge, who is expected to be independent first to the state and then to the parties, should be bound only by the rules of law. A thinker has said in this direction, “Judges are both masters and slaves of the law”. A lawyer, on the other hand, is self-employed, but also serves in the public sector as he/she participates in the distribution of…
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In order to prevent tax evasion and ensure financial transparency, the Turkish Revenue Administration under the Ministry of Treasury and Finance issued General Communiqué No. 529 on Tax Procedure Law (the “Communiqué”) imposing an obligation to make ultimate beneficial ownership declaration on a wide range of entities, notably, corporate taxpayers. The Communiqué was published in the Official Gazette on July 13, 2021, and entered into force the same day.
The deadline for…
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The Re-examination and Evaluation Board (the Higher Board) of the Turkish Patent and Trademark Office has issued its decision in a case involving the marks UGG and UGG WATCH, applying the principle of interdependence and considering the well-known status of the UGG mark as a criterion for the likelihood of confusion analysis.
Background
The trademark application for UGG WATCH was filed for “jewellery (including imitation jewellery); gold, jewellery, precious stones and…
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On 20 March 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) titled "Precautions to be Taken in Clinical Research Due to COVID-19 Pandemic". This announcement was updated on 24 July 2020. On 19 July 2021, based on the normalisation process regarding COVID-19, the Agency published a further updated version of the announcement.
According to the latest update, for initial applications for clinical research and applications…
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The Turkish Medicines and Medical Devices Agency's guidelines on the Named Patient Programme (Turkish language) explains the procedure for the supply from abroad of drugs that are not authorised in Turkey or not available on the Turkish market. The guidelines were first published in 2014, amended in 2015, 2017 and 2020, and finally published in the most current version on 9 August 2021.
The latest amendment made to the guidelines introduces the definition of generic products…
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The Turkish Patent and Trademark Office has upheld Red Bull’s opposition against an application for a composite mark intended for energy drinks.
Background
The applicant, a food company established in 1996, sought to register the below trademark in Class 32 – particularly for energy drinks.
(BLACK TALLBOSS mark)
This application passed the initial examination and was published in the Official Trademark Bulletin of the Turkish Patent and Trademark Office, for possible…
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Medical Device Regulation (“Regulation”) has been published in the Official Gazette numbered 31499 on 2 June 2020.
With the Regulation prepared in accordance with the EU Medical Device Regulation numbered 2017/745 (“MDR”), it is aimed to provide a safer use for manufacturers and medical device users with a transparent and sustainable system.
In this context; new noteworthy provisions are the definition of a medical device, classification of products, distance sales…
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