When the Industrial Property Law came into force on 10 January 2017, the introduction of the post grant opposition procedure for national patent applications or the new “satisfying national market’s need” criteria concerning compulsory license due to non-use of the patent appeared to be of the most significance. However, as usual, the devil was hidden in the detail. When we first put the new law into practice, we experienced that other provisions such as the use requirement…
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One of the most important obligations of data controllers under data protection laws is to inform the data subjects concerning data processing activities. Accordingly, the Turkish Law on Protection of Personal Data numbered 6698 (“DPL”) also imposes an obligation on data controllers to provide certain information to data subjects before processing their data. Pursuant to Article 10 of the DPL regulating the information obligation, a data controller must inform the data…
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A discussion whether the freedom of expression is violated by prohibiting the access to a website where a trademark of a third company is used in the domain name was heard before the Turkish Constitutional Court (“the Court”) upon an individual application. In order to understand the ruling of the Court, it is worth looking at the history of the dispute.
Using a trademark of a reputable cargo company “yurtiçikargo” in a domain name as “yurticikargomagdurları.com”, having the…
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FICPI – TURKEY Board of Directors decided as the subject of this year’s seminar amendments to the trademark and patent registration procedures by the IP Code and their implementation. The seminar was held in İstanbul on October 26, 2018 and there were around 75 participants in addition to the speakers and FICPI – TURKEY members.
At the first session on patents, the speakers discussed amendments on the provisions as to compulsory licenses and proof of use; and at the second…
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Dicle Doğan and Aysu Eryaşar, Gun + Partners
On 9 March 2019, the Regulation on the Clinical Trials of Traditional and Complementary Medicine Practice (Turkish language) was published in Official Gazette no. 30709. The Regulation provides clarification on which ethics committee should approve these clinical trials and on the institution that should give permission for the initiation, continuation, termination and supervision of the regulated activities.
The Regulation also…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 14 February 2019, the Medicines and Medical Devices Agency published Circular on the Registration of Medical Device Technical Service Providers and Related Technical Staff (Turkish language), numbered 2019/1. Pursuant to the Circular, medical device technical service providers subject to after-sales maintenance and repair are obliged to register on the Product Track and Trace System. The registries became operational on 1…
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1. Are foreign plaintiffs who wish to initiate legal proceedings in Turkey subject to any bond requirements?
Pursuant to the International Private and Civil Procedure Law, foreign persons or legal entities who initiate or intervene in legal actions or initiate execution proceedings are required to deposit a guarantee to be determined by the court that will be used to bear the judicial expenses as well as to compensate the counterparty for any damages that may occur.
However…
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Article 398 of the Code of Civil Procedure previously set out that parties which failed to comply with an interim injunction or that violated an injunction would face one to six months’ imprisonment.
However, following an application to the Istanbul First Intellectual and Industrial Property Court for the annulment of Article 398, the Constitutional Court decided to cancel the first sentence of Article 398(1) regarding imprisonment for opposition to interim…
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Constitutional Court has annulled Article 398 of Code of Civil Procedure, which established imprisonment for breaching preliminary injunction This court ordered that this come into effect within nine months It is hoped that proposals for new punishment for acting against preliminary injunction will come before Parliament within this period
Upon the application of the Istanbul First IP Court, the Constitutional Court has cancelled Article 398 of Code of Civil Procedure, which…
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Mutlu Yıldırım Köse provides a guest post for Class 46 on a recent Court of Appeal ruling in Turkey
The Court of Appeal (COA) has approved a decision of a first instance court which ruled that the regulatory restriction on the sale of cocktail beverages containing distilled alcohols constitutes a proper reason for non-use of a trade mark in Turkey.
Bacardi & Company Limited filed a trade mark infringement and unfair competition action against a Turkish company using the…
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It was regulated in Article 398 of the Code of Civil Procedure that persons who do not comply with the order for enforcement of interim injunctions or who violate the decision of the injunction shall be punished with disciplinary imprisonment of one month to six months.
As a result of the application made to Court by the Istanbul 1st Intellectual and Industrial Property Court for the annulment of the mentioned article, the Constitutional Court, in its decision with the merit…
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The Supreme Court, as per its established precedent, recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination.
Background
The Supreme Court has adopted a balanced approach between the principle of termination as last resort and the employer’s management rights in reinstatement actions filed by employees laid off by their employers due to workplace…
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