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The Turkish Market Has Long Been Viewed as an Attractive Area for Growth

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Turkey has been among the fastest growing insurance markets of its size in Europe. Along with the rapid growth in the Turkish Insurance sector, there have been major changes to the insurance legislation in the last few years. New legislation has improved the regulatory framework and has brought the industry more into line with international practice. Although the top three insurers are Turkey-based, the market as a whole has a high level of foreign investment due to the fact… »

The Bliss of Forgetting – An Analysis Of The Right To Be Forgotten Under Turkish Law Practice

On 17 June 2015, the General Assembly of the Civil Chambers of the Court of Appeals rendered an interesting verdict regarding the right to be forgotten. According to this verdict, an individual could ask for his or her name to be erased from even law books, if the relevant book includes personal information which the relevant individual would not like to share with public. The verdict is interesting from a number of aspects. Firstly, it is a decision made by not only a single… »

Article 7/1(b) of the Trademark Decree-Law Versus the Principle of Co-Existence

Article 7/1(b) of the Trademark Decree-Law (556) provides for absolute refusal during the ex officio examination of the Turkish Patent Institute (TPI) by stating that a trademark “identical or indistinguishably similar to a trademark registered earlier or with an earlier filing date for registration in respect of identical or same type of products or services shall not be registered”. Pursuant to this provision, a trademark which is identical or indistinguishably similar to… »

TURKEY: New IP Code Open to Comment

Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Code on the website of the Turkish Patent Institute (TPI) for the opinions of relevant stakeholders, which includes anyone who would like to comment, but chiefly Non-governmental Organizations, business sector associations, IP-focused associations and IP law firms on February 24, 2016. The new IP Code that is being discussed consolidates the Turkish Decree-Laws on Trademarks, Patents, Industrial… »

The New Post-Grant Opposition System

After years of discussions, the new draft IP Law – which is expected to be enacted this year – introduces a post-grant opposition system for national patent filings in Turkey. The legislature is introducing a post-grant opposition system in order to bring Turkish law into line with the European Patent Convention system. However, the post-grant opposition system set out in the draft law has some small differences from the convention system. Third parties may file an opposition… »

Stronger Patent Protection for Patent Applicants and Owners

The draft IP Law introduces provisions to strengthen the protection of the rights of both patent applicants and patent owners (for further details please see “TPI finally publishes new draft law”). The current Patent Decree-Law provides that a patent applicant benefits from all of the protection enjoyed by a patent owner. However, the decree-law sticks with this basic principle and does not go into detail. Therefore, the protection of patent applicants’ rights has become a… »

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