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…
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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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On February 24 2016, the Turkish Patent Institute (TPI) produced the new Draft Industrial Property Code. It was circulated for a period of consultation which finished on March 4 2016. It is expected that the draft code will be sent to the Council of Ministers within the next few weeks. The authorities are hopeful that it will come into force before the end of the year.
In order to become a part of the Customs Union, Turkey had to harmonise its national IP laws with EU…
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Mehmet Gün, senior partner at Gün + Partners, Istanbul, traverses the gaps in Turkish and continental civil procedure, where inefficient disclosure rules are choking an overloaded justice system arguably leading to double procedural standards and high budgetary costs for some EU member states
Turkey’s desire to join the European Union is well-known. Lesser known is the response of the EU policymakers to issues that arise from the same root cause as in the Turkish justice…
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On February 18 2016, the Turkish Patent Institute (TPI) announced that the Official Trademark Bulletin will now be published twice a month. The bulletin was previously published on the 12th of each month but will now be published on the 12th and 27th of each month or the next working day if either of those days falls at the weekend. This change is expected to require a much stricter follow-up of the bulletin and the legal opposition deadlines in order to avoid the possible…
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In light of the Turkish Prime Minister’s recent visit to Iran, the removal of sanction is opening up new opportunities for Turkey; with other nations following suit.
Upon confirmation from the International Atomic Energy Agency that Iran has completed the necessary preparatory steps to start the implementation of the Joint Comprehensive Plan of Action on January 16, 2016, both the US and the EU announced that certain economic and financial sanctions had been lifted.
On the…
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Turkey has been among the fastest growing insurance markets of its size in Europe. Along with the rapid growth in its insurance sector, there have been major changes to its legislation in the last few years. New laws have improved the regulatory framework and brought the industry more in to line with international practice. Although its top three insurers are Turkey-based, the market has a high level of foreign investment from Gulf countries, Malaysia and Europe.
The current…
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On February 24 2016 the Turkish Patent Institute (TPI) published its long-awaited draft IP Law proposing amendments to patent rights in Turkey. The government has decided to regulate all IP rights in a single act: Book 4 of the act covers patent rights, while Book 5 covers common clauses for all IP rights (ie, trademarks, geographical indications, designs and patents).
Improvements
The draft appears to be promising, particularly in comparison to the previous proposals to…
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Introduction
On January 8 2016 the Social Security Institution announced details of the application form required to request access to the personal data that it holds. The application form was prepared by the Data Sharing Commission, established as part of the Social Security Institution pursuant to the Guidelines on the Procedures and Principles Relating to the Use, Sharing and Protection of Social Security Institution Data. The Social Security Institution’s announcement…
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On 24 February 2016 the Turkish Ministry of Science, Industry and Technology circulated the draft IP Law on the website of the Turkish Patent Institute (TPI), inviting comments and suggestions.
The draft law seeks to replace the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs, all of which date back to 1995, by bringing all those rights together within the ambit of a single Code. It mainly incorporates provisions already…
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On 24 February 2016 Turkey’s Ministry of Science, Industry and Technology circulated a draft IP Law on the website of the Turkish Patent Institute (TPI) as part of a consultation exercise.
The intention of the Turkish government is to replace the current Decree-laws on the protection of trade marks, patents, geographical indications and designs — which date back to 1995 — with a single consolidating and amending Code. The trade mark chapter includes changes which seek to…
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Introduction
Turkey stands out as a target market for foreign companies that want to expand their global reach, due to its geographical location, growing population and economy. Foreign companies investing in Turkey often establish subsidiaries through corporate structures in which officers have dual responsibilities and control over the parent company and the subsidiary. In other cases, companies may choose to run their business organisations with the help of third-party…
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