Reviewing employees’ corporate e-mail addresses by employers and relying on any findings collected during the inspection in a potential termination has been a controversial issue in terms of protection of personal data and privacy. The Constitutional Court rendered two decisions within the last four years regarding the right to privacy and privacy of communication aspects of the matter. Both decisions particularly elaborate on information of employees.
Constitutional Court's…
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The New Regulation on Processing of Personal Data and Protection of Privacy in the Electronic Communication Sector (the "Regulation") published in the Official Gazette on December 4, 2020 will come into force as of June 4, 2021.
The Regulation sets forth procedures and principles applicable to the operators in in the electronic communication sector with respect to data (including personal data and data related to legal person subscriptions) which they collect within the…
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The IP Law of Turkey prohibits any kind of amendment/limitation of claims or patent documents after the patent has been granted. The only exceptions to this rule are the amendment/limitations made by the patentee during the national post-grant opposition phase, which was introduced to Turkish law in 2017.
As per the introduction of a national post-grant opposition procedure, the Law also prohibits any ruling to be made in a revocation action against a national patent, while…
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Registering and managing ‘.tr’ domain names was previously carried out by Nic TR, but will now be performed by the ITCA
The long-awaited TRABIS system, which replaces the Nic TR system, is expected to become effective in the near future
In contrast to the old system, the new system allows domain name sales transactions
Background
Since 1998 and until recently, Nic TR, under the Middle East Technical University, had been responsible for the registration and management of…
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The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the…
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In a recent case, a Turkish automotive company filed a patent infringement action against a German international automotive company, arguing that a system used in the cars of the German company infringed its non-examined patent granted before the Turkish Patent and Trademark Office (TPTO). In a counter-claim, the German company and its Turkish authorised dealer filed an invalidation action against the non-examined patent in question before the same court. Although at the…
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On 6 October 2020, the Turkish Medicines and Medical Devices Agency published Guidelines on Non-Clinical Evaluation of Human Vaccines (Turkish language) to provide guidance on vaccine development procedures.
The guidelines regulate non-clinical evaluations and obtaining appropriate results from them, which are prerequisites for initiating clinical trials on a vaccine candidate. Non-clinical evaluation refers to all in vivo and in vitro tests performed before and during the…
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The Amended Guidelines on Named Patient Program (“Guidelines”) has been published by the Turkish Medicines and Medical Devices Agency (“Agency”) on September 25, 2020.
The Guidelines explains the procedure on the supply from abroad of drugs that are not authorized in Turkey and/or not available on the Turkish market due to various reasons. This Guidelines was first published in 2014, amended in 2015 and 2017, and finally published in its most current version on September 25…
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One way in which the Covid-19 pandemic has affected traders and producers is the shock negative pricing rates for crude oil. On 20 April 2020, the price of a barrel of West Texas Intermediate (WTI), the benchmark for pricing US oil, fell as low as minus USD 37.63. Although the situation only lasted for a few hours, its global impact is measured in millions of dollars. As a result of globalisation, individual investors in Turkey profoundly felt the plunge in prices thousands…
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With the Presidential Decree numbered 85 and dated 12.09.2018, amendments were made on the Decree on the Protection of the Value of Turkish Lira numbered 32 and it was regulated that, besides the exceptions to be determined by the Ministry of Treasury and Finance, the contract prices and other payment obligations of all kinds of movable and immovable purchase and sale and renting, financial leasing and employment, service and work contracts between the Turkey-resident public…
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1. GOVERNING TEXTS
1.1. Legislation
There is no specific legislation applicable to cookies and similar technologies. However, to the extent that cookies and similar technologies include or may be used to collect any data related to an identified or identifiable individual (personal data), then Law on Protection of Personal Data No. 6698 ('the Law') and its secondary legislation are also applicable to cookies and similar technologies which may be used by data controllers…
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With two very recent Presidential Decrees published in the Official Gazette (31287) dated 27 October 2020,
the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 November 2020, have been extended until 17 January 2021; and
the term set out for the short-time working allowance granted in scope of COVID-19 has been extended until 31 December 2020.
Extension of termination ban and unilateral unpaid leave
With the Presidential Decree 3135…
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