The first draft law on Labour Courts (‘Draft Law’) was transmitted by Parliament on 25 May 25 2017 with some amendments, having been submitted to the relevant public institutions and organisations for review, two days earlier.
One of the provisions that the Draft Law introduces, is a new limitation period in relation to claims for accrued but untaken paid leave and compensation payable upon termination. Although the Labour Act provides for a five year limitation period for…
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Update: Turkish Council of State has stopped execution of the Regulation on the Processing of Health Data and the Maintenance of Privacy
Following the long awaited Law on Protection of Personal Data (“Law”) dated April 7, 2016; the Ministry of Health (“MoH”) issued the Regulation on the Processing of Health Data and the Maintenance of Privacy (“Regulation”) on October 22, 2016.
Since the very beginning, the Regulation was widely criticised as it contains provisions…
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Under Turkish procedure law, a preliminary injunction is regulated as a temporary legal protection measure pursuant to Article 389 of the Civil Procedure Code (6100). The aim of this protection is to prevent much higher damages during proceedings that continue for at least four to five years until the decision is finalised. The adoption of preliminary injunction decisions depends on the existence of certain conditions, such as a situation which may make it difficult to…
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The European Union (EU) has introduced new legislation on the protection of personal data: the General Data Protection Regulation (GDPR). The GDPR was adopted on 27 April 2016 and it will come into force on 25 May 2018 after a two-year transition period.
Businesses in the EU are readjusting their processing activities in order to ensure compliance with the GDPR. However, it is not only EU businesses that should be working towards compliance, but also some non-EU businesses…
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As the developments frequently makes headlines in international media we, the Turkish people, have been living in extraordinary times since the 15 July 2016 military coup attempt. Whilst it was generally known that members of a faith-based movement had worked their way up the ranks of almost all state institutions and secured the key decision making posts, we all trusted in their good intentions for our nation and the country.
The judiciary was the most infiltrated, we had…
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Turkey’s Industrial Property Code No 6769 (“the IPC”) was published in the Official Gazette and came into force on 10 January 2017. The IPC abolished the Decree Laws on the protection of trademarks, patents, geographical indications (“GIs”) and designs by unifying them into a single code.
One of the main aims of the IPC is providing compliance with developments in EU IP law. At this point, in addition to unifying and harmonising the existing…
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Communications policy
1 Regulatory and institutional structure
Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?
The main legislation governing the communications sector is the Electronic Communications Law numbered 5809 and dated November 05, 2008. (the “ECL”). The ECL provides the main principles regarding the authorisation of the operators, their obligations and the powers granted to…
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Abstract
Partners Uğur Aktekin and Güldeniz Doğan Alkan examine the reach of Turkey‘s new IP Code and its impact on traditional product names.
Analysis
The Industrial Property Code No. 6769 (the IPC) was published in the Official Gazette and came into force on 10 January 2017. The IPC abolished the Decree-Laws on the protection of Trademarks, Patents, Geographical Indications (GIs) and Designs by unifying them into a single code.
One of the main aims of the IPC is…
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In September 2015 a global medical device company filed a patent infringement action and requested a preliminary injunction against a local company for the immediate prohibition of the production and sale of medical devices on the grounds that the local company was infringing the originator company’s registered patent with its medical devices.
Before filing the action, the patent practice team worked with a European patent attorney and a reputable professor working on medical…
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Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.
The Ministry of Health added a provision in relation to standardised packaging to the draft omnibus bill in…
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Introduction
In April 2017 the Supreme Court issued a decision concerning an employee’s dismissal on the grounds of (among other things) recording a conversation with his supervisor ‒ a regional director ‒ without his consent. The Supreme Court reversed the decision of the first-instance labour court and ruled that the termination was lawful based on the fact that the employee had been handling personal business during working hours without authorisation and had secretly…
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1. Which transactions are subject to notification to the Turkish Competition Authority under the Turkish merger regime?
The Communiqué No. 2010/4 on Mergers and Acquisitions Requiring Authorization of the Competition Authority (“Communiqué No. 2010/4”), entered into force on 01 January 2011, sets out the types of mergers and acquisitions that require notification the Turkish Competition Authority (“the TCA”) for permission and legal validity.
Article 5 of Communiqué No.…
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