With its recent decision dated March 9 2017 and numbered 2016/14857 E, 2017/1442 K, the Turkish Court of Appeals (CoA), by reversing its previous decision in the same dispute, held that the trade marks Uludağ Zero and Panda Zero cannot be considered confusingly similar on the basis of the commonness of the term “zero” since this term is descriptive for beverages.
The decision concerns a cancellation action filed by the plaintiff against the decision given by the Turkish…
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The first draft law on Labour Courts (‘Draft Law’) was transmitted by Parliament on 25 May 25 2017 with some amendments, having been submitted to the relevant public institutions and organisations for review, two days earlier.
One of the provisions that the Draft Law introduces, is a new limitation period in relation to claims for accrued but untaken paid leave and compensation payable upon termination. Although the Labour Act provides for a five year limitation period for…
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Update: Turkish Council of State has stopped execution of the Regulation on the Processing of Health Data and the Maintenance of Privacy
Following the long awaited Law on Protection of Personal Data (“Law”) dated April 7, 2016; the Ministry of Health (“MoH”) issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (“Regulation”) on October 22, 2016.
Since the very beginning, the Regulation was widely criticised as it contains provisions…
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Under Turkish procedure law, a preliminary injunction is regulated as a temporary legal protection measure pursuant to Article 389 of the Civil Procedure Code (6100). The aim of this protection is to prevent much higher damages during proceedings that continue for at least four to five years until the decision is finalised. The adoption of preliminary injunction decisions depends on the existence of certain conditions, such as a situation which may make it difficult to…
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The European Union (EU) has introduced new legislation on the protection of personal data: the General Data Protection Regulation (GDPR). The GDPR was adopted on 27 April 2016 and it will come into force on 25 May 2018 after a two-year transition period.
Businesses in the EU are readjusting their processing activities in order to ensure compliance with the GDPR. However, it is not only EU businesses that should be working towards compliance, but also some non-EU businesses…
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As the developments frequently makes headlines in international media we, the Turkish people, have been living in extraordinary times since the 15 July 2016 military coup attempt. Whilst it was generally known that members of a faith-based movement had worked their way up the ranks of almost all state institutions and secured the key decision making posts, we all trusted in their good intentions for our nation and the country.
The judiciary was the most infiltrated, we had…
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