At the beginning of each year, the minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised. On 1 January 2021 the changes for 2021 came into effect.
Minimum wage
In 2020 the monthly minimum wage rate was TL2,943 (gross). As of 1 January 2021, this has increased to TL3,577.50 (gross). The new rate applies from 1 January 2021 to 31 December 2021.
The minimum wage applies to all employees, regardless of age, industry and experience. The…
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In a somewhat controversial decision (Case 2019/5262 E, 2020/3449 K, 2 July 2020, recently published), the Court of Appeals(11 Chamber) has considered the likelihood of confusion between short trademarks.
Background
The case was led before the Ankara Second IP Court (Merits No 2017/139 E, 2017/411 K) by a famous clothing company, Koton Mağazacılık Tekstil Sanayi ve Ticaret Anonim Şirketi (‘Koton’), the owner of the distinctive logo depicted below:
Koton requested the…
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Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law.
Termination prohibition
On 17 April 2020 the Law on Minimising the…
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With three very recent Presidential Decrees published in the Official Gazette (31343) dated 23 December 2020 and the Official Gazette (31350) dated 30 December 2020:
the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 January 2021, have been extended until 17 March 2021, and
In regard to short-time working practices implemented in scope of COVID-19:
the term set out for the short-time working allowances granted to workplaces which…
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The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Law No: 5651") known as Social Media Law in Turkey was published in the Official Gazette on July 31, 2020 and became effective as of October 01,2020. Information and Communication Technologies Authority (ICTA), as the competent authority, published the secondary regulation providing further clarification on October 02, 2020. The newly…
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On 17 November 2020, the Turkish Medicines and Medical Devices Agency announced (Turkish language) that physical promotional materials could be provided during visits to physicians, dentists and pharmacists, on their request, in accordance with hygiene rules. A prohibition on physical promotional materials being provided by promotion representatives during visits to physicians, dentists and pharmacists was introduced by the Agency on 5 June 2020 as part of its actions aimed…
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The first instance Civil Court for Intellectual and Industrial Rights (IP court) in its decision rendered in October 2020 pointed out that the use of the subject mark as a domain name solely is not deemed sufficient to prove the use of the mark as a trademark.
The decision concerns a revocation action due to non-use filed against a trademark which has been registered for more than five years, but has not been used properly and effectively on the relevant services within the…
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Introduction
At the beginning of COVID-19 pandemic, the world came to a halt, and it had to adjust its day-to-day needs to the present time. Governments adopted dramatic precautions to prevent the transmission of COVID-19: schools were closed, businesses were shut down, curfews were declared, and travel restrictions were adopted. One thing all these measures had in common was that they created greater challenges to holding in-person meetings. This undeniably impacted…
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FICPI-Turkey’s final event of 2020, “Office management in the new era and business development in the digital world” took place on November 12, 2020. FICPI-Turkey Board Member Gökçe İzgi and Chairman Uğur Aktekin moderated the webinar while Eraksoy Consulting Management Consultant Reşat Eraksoy and Gün+Partners Strategy and Business Development Director Umut Acar shared their experiences on “Office management in the new era” and “Business development in the digital…
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Introduction
Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws (Amendment Law) entered into force on its publication in the Official Gazette (31199) on 28 July 2020. One of the significant amendments introduced by the Amendment Law concerns Article 281 of the Civil Procedure Code (CPC) 6100, which regulates parties' objections to expert reports. With this amendment, parties can now request an extension from the court to file their objections against…
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By the amendments made to the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") on January 4, 2020, a Commercial Electronic Message Management System ("IYS") was created that allows receiving commercial electronic message approval, the use of the right to refuse, and the management of complaint processes and service providers intending to send commercial electronic messages were obliged to register with the IYS and upload the approvals…
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A recent ruling from a Turkish IP court breaks new ground in the ongoing battle for the European Patent Convention (EPC, 138/3) to be applied to patents in Turkey.
The Turkish IP Law prohibits amendments or limitations of claims or patent documents after a patent has been granted. The only exception to this is changes made by the patentee during the national post-grant opposition phase, which was introduced in 2017.
In line with the introduction of a post-grant opposition…
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