There is no explicit rule in Turkish Law governing the de minimis principle. There have also not been any settled precedents in the Turkish High Court to shed any direct light on this small but important legal principal.
However, there have been several infringement actions in the IP courts where the Patentee has alleged that a product differing from the Patent’s scope of protection with trifling, de minimis differences, may still infringe the Patent. The Turkish IP Court’s…
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Both the Industrial Property Code No. 6769 (“the IPC”) and the Regulation on the Implementation of the IPC (“the Regulation”) were published and entered into force in 2017, uniting all IP rights in one Code which were priorly regulated by different decree-laws.
Article 25/7 of the IPC regulates invalidation actions and Article 29/2 regulates infringement actions regarding trademarks. Both articles refer in their last paragraphs to Article 19 foreseeing the procedures for the…
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On 19 September 2019 the Constitutional Court found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. As such, the court repealed this requirement.(1)
Background
Under Turkish law, journalists are subject to the Press Labour Law 5953, which sets out their employment rights, including their right to a salary. Pursuant to the law, where salary payments are not…
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The Intellectual Property Academy was founded by presidential decree in July 2018
The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day
Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities
In the past years, several concrete and important steps have been…
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General Data Protection Regulation (GDPR) has been one of the most important regulations for the companies in Europe and also some of the companies in other countries. However, Europe is not the only jurisdiction with a privacy regulation. Various other countries like Turkey, Japan, South Korea, and Australia have privacy laws. A company located in Europe has to take into account the provisions of both the GDPR and the privacy regulations of other countries where it does…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency.
Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for…
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