The IP Code has now replaced the respective Decree-Laws pertaining to the protection of trademarks, patents, geographical indications, and industrial designs, unifying them into a single code. The Decree-Laws on the protection of trademarks, patents, and industrial designs will continue to apply to international and national trademark, design, and patent applications filed before January 10, 2017. The application of the old system ends once the application is registered.…
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Introduction
Corporate liability remains a highly problematic and criticised issue in Turkey. In Turkish criminal law practice, criminal liability is deemed as personal, and criminal penalties can be imposed only on natural persons for crimes committed under a corporate body. Although the fact that corporate bodies can also commit crimes has long been established by the precedents of the Constitutional Court,(1) criminal penalties are not specifically regulated under the…
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Following the enactment of the Law on the Protection of Personal Data numbered 6698 (“Data Protection Law”) on April 07, 2016, many organizations began reviewing their level of compliance with the Data Protection Law and initiate conducting compliance projects.
Under the Data Protection Law, companies have a transition period of two years meaning that personal data that has been processed prior to the enactment of the law must be brought in compliance with the provisions of…
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In decision No 2016/148 E 2016/189 K dated December 14 2016, the Turkish Constitutional Court annulled Article 14 of Decree-Law No 556, following the referral by the Istanbul Second IP Court (in File No 2015/116 E) of an application for the annulment of said article on the ground of unconstitutionality. The decision of the Constitutional Court entered into force on January 6 2017, upon its publication in the Official Gazette.
Article 14 of Decree-Law No 556 governed the…
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Industrial Property Law is published
Selin Sinem Erciyas, Gun + Partners
On 10 January 2016, the Industrial Property Law came into force, amending the compulsory licence provision.
Article 130 of the Industrial Property Law on “Compulsory Licensing in case of Non-use” rules that in addition to non-use of a patent, “relevant persons… can request compulsory licensing due to the … use of invention subject to the patent not satisfying the national market’s need”. Under Article…
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On 8 December 2016, a cyber attack was made against Akbank, one of Turkey’s largest banks, and supposedly two other Turkish banks. Akbank released a statement confirming the attack to their IT systems, that it related to the SWIFT system, and stating that they had responded to the attack immediately and taken the necessary precautions. The bank also set forth that the maximum amount of risk faced by the bank is USD $4 million which is covered by its insurance policy. The…
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